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Tervise- ja heaolu infosüsteemide keskus · 24. august 2020
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1-4/2332-1
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24. august 2020
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1 TEHIK tegevuse korraldamine
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1-4 Koostöö, andmetöötluse ja konfidentsiaalsuslepingud
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1-4
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Lembit Pirn (TEHIK, E-teenuste juhtimise osakond, Tervise talitus)

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  • 📎1-42332-1 24.08.2020 Muu leping.bdoc775 KB

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HIMSS SERVICES AGREEMENT Company Information Company Name: Health and Welfare Information System Centre Contact: Katrin Reinhold Title: director Email: [email protected] Address: Uus-Tatari 25, 10134 Tallinn, Estonia VAT Number (if applicable): EE101941259 PO Number (if applicable): Services Details “Services” include those Sponsorship, Exhibit and/or Media Services as defined below for the Event, at the specified Venue and Date:  “Event”: HIMSS & Health 2.0 European Digital Event  “Venue”: Online platform  “Date”: 7-11 September 2020  “HIMSS Event Manual”, which is incorporated herein by reference  “Event Venue Guide” which will be provided no later than six (6) weeks prior to the Event and include information such as the event schedule, online platform access, etc.  “Exhibit Space Services” Logo inclusion & visibility Virtual Booth Space & visibility. Booth features: - Logo - Resource Library - Info card - Private and public chat - Social links Conference passes (Unlimited for Partner staff + special rate for members under PIE agreement) Attendee List & Booth Visitors (GDPR Compliant) Personalised ROI Data & Analytics Banner on HIMSS Media Channel (subject to availability) Any other tailored benefit “Effective Date”: This agreement will be effective when last signed by the Parties. End Date (if applicable): Payment Details Fee: [ 0 EUR ] This exclusive offer for HIMSS Partner is at no cost. 1. HIMSS Corporate HIMSS Corporate Member [ n/a ] Membership Information Additional Information Company acknowledges that this Event is HIMSS’ first deployment of an online conference and exhibition platform. While HIMSS will undertake every reasonable effort to make the Event an outstanding success for Exhibitors, Sponsors and attendees, HIMSS will not be able to do this without the support and collaboration of all participants. HIMSS has priced this event in a spirit of “all in it together” given the COVID19 pandemic and we thank you in advance for your participation in this new and exciting Event. In a spirit of collaboration, HIMSS encourages all participants to provide feedback or raise any concerns along the journey, when there is the most opportunity to take corrective action. 1 This cover page (“Cover Page”) together with the Terms and Conditions below (collectively, the “Agreement”) sets forth the terms and conditions on which Healthcare Information and Management System Society 2 (“HIMSS”) will provide the Services to Company. ACCEPTED AND AGREED: Signed by HIMSS Signed by Company Health and Welfare Information System Centre _________________________________________ ______________________________________ Print Name: Print Name: Katrin Reinhold Title: Title:director Address: _________________________________ Address: Uus-Tatari 25, 10134 Tallinn, Estonia_______________________________ _________________________________________ __________________________________________ Date: _____________________________________ Date: 24.08.2020_____________________________________ [Remainder of page left blank intentionally] 3 Terms and Conditions These Terms and Conditions are entered into by and between HIMSS and Company, and are incorporated by reference into the Cover Page above. Capitalized terms without definition have the meanings set forth in the Cover Page. In the event of a dispute between these Terms and Conditions and the Cover Page, the terms set forth in these Terms and Conditions shall apply. 1. OVERVIEW a. Company wishes to receive the Services from HIMSS described on the Cover Page. b. Company will pay HIMSS the Fee in consideration for the Services. c. Commencing on the Effective Date, HIMSS will provide Company with the Services subject to, and in accordance with, these Terms and Conditions. 2. PAYMENT; CANCELLATION a. With the event scheduled less than 90 days away, HIMSS will invoice all Fees upon signature. Invoices are payable within 30 days but as noted below HIMSS may not deliver any services until payment is received b. Payment of fees in a timely manner is a material term of this Agreement. HIMSS will have no obligation to begin the Services until payment is complete. Without any implied obligation to do so, HIMSS may identify Company as an Exhibitor or Sponsor on the event website following signature. Until Company pays all Fees, HIMSS has no obligation to publicly identify Company as an Exhibitor or Sponsor. If Company fails to pay Fees owed when due, Company will be in material breach of this Agreement. c. All cancellations must be received in writing on Company letterhead and signed by an official representative of Company. If Company cancels more than ninety (90) days prior to the Event, Company will have no further obligations and HIMSS will return any Fees paid. If Company cancels less than ninety (90) days prior to the Event, Company forfeits 100% of the Fees. d. Company will be responsible for all taxes in connection with this Agreement (except taxes based on HIMSS’ net income) including any sales, use, excise, value-added, services, consumption, withholding and other taxes and duties assessed on the provision of Services hereunder. 3. TERM AND TERMINATION a. This Agreement will be effective as of latest signature date on the Cover Page and will continue until the End Date (if any), unless earlier terminated in accordance with this Section. b. Either party may terminate this Agreement, upon written notice to the other, in the event the other party materially breaches any provision of this Agreement and such breach remains uncured for thirty (30) days following receipt of written notice from the non-breaching party. Liability related to breach is subject to Section 9(i) below. c. Any terms that by their nature and context are intended to survive any termination or expiration of this Agreement, will survive termination or expiration of this Agreement. 4. EXHIBIT SPACE TERMS. The terms in this Section 4 will apply to the extent the Services include Exhibit Space rental. 4 a. Subject to Company’s compliance with these Terms and Conditions, including without limitation, the HIMSS Event Manual and the Event Venue Guide, HIMSS shall provide Company with access to the Exhibit Space specified in the Cover Page, for the duration of the Event and for the period designated as a “Catch-up Window” thereafter. b. Company requests to modify or change Exhibit Space will be at the sole discretion of HIMSS and, if made less than ninety (90) days prior to the Event, will be deemed a request for cancellation. Accordingly, if such request is received after the Cancellation with Refund Date, all Fees applicable to the Exhibit Space Services will remain payable. c. HIMSS will determine, in its sole discretion, the eligibility of Company, or any Company product, or service, to participate in the Event. HIMSS reserves the right to remove Company from the Venue if, in HIMSS’ sole discretion, Company’s display of goods or services is not compatible with the character and objectives of the Event. Company will forfeit all Fees paid in the event of any such removal. d. In addition to compliance with the HIMSS Event Manual and the Event Venue Guide, Company will comply with all conditions, rules, and regulations imposed by the Venue and all applicable laws, ordinances, and regulations including, without limitation, those relating to privacy, health and safety, and fire prevention, while participating in the Event (collectively the “Event Regulations”). Company is solely responsible for compliance with the Event Regulations by its employees and contractors. e. Company will comply with all assigned access and set up days, as specified in writing provided by HIMSS. Exhibits may not be removed from the Event until the official closing of the Event. f. Unless the Exhibit Space is designated as a Pavilion, Company may not assign, sublet, or share the Exhibit Space with any third party without HIMSS’ prior written approval, which HIMSS may grant or withhold in its sole discretion. For Exhibit Space designated as a Pavilion, Company may sublet or share space with third parties provided, however, all such parties agree to be bound by the terms and conditions of this Agreement and, further provided, HIMSS retains final approval rights related to the allocation of Exhibit Space. g. Company will be responsible for all charges incurred for the set up of Company’s Exhibit Space except to the extent that HIMSS has agreed to provide such assistance as part of the Services outlined in the Cover Page. h. HIMSS reserves the right, in its sole discretion, to restrict Company’s use of sound and video. i. Company’s failure to comply with its obligations under this Section 4 will be considered a material breach and will be grounds for dismissal from the Event, cancellation of the Services, and forfeiture of all associated Fees. 5. SPONSORSHIP TERMS. The terms in this Section 5 will apply to the extent the Services include Sponsorship Services. a. HIMSS will perform the Sponsorship Services in accordance with written specifications as outlined in the Cover Page. b. If, as part of the Sponsorship Services, HIMSS provides Company an opportunity to participate in a speaking engagement, panel discussion or other interview (collectively referred to as a “Speaking Engagement”), Company will ensure the participant offers reasonable availability to pre-record content and is available for preparations for at least one hour before the programmed session which includes the Speaking Engagement. In the event the participant is not available at least one hour prior to the Speaking Engagement, including due to participation in another session or programme at the Event, participant will be deemed a “no show” and HIMSS may, in its sole discretion, find a substitute who may or may not be associated with the Company. In the event of a no-show, the substitute will have no obligation 5 to represent or support Company’s position or perspective nor will HIMSS have any obligation to refund any portion of the Fees. c. If Company will have a representative speaking at the Event as part of the Sponsorship Services, Company will provide any presentation materials to HIMSS no less than two (2) weeks in advance of the Event and such materials will comply with HIMSS Presentation Guidelines. 6. MEDIA SERVICES TERMS. The terms in this Section 6 will apply to the extent the Services include Media Services. a. HIMSS will perform the Media Services in accordance with written specifications as outlined in the Cover Page. b. It is Company’s obligation to submit Company materials in accordance with HIMSS then- existing criteria or specifications (including content limitations, technical specifications and material due dates); provided that such criteria or specifications shall be made available to Company in advance. Company shall submit all such materials in advance of the applicable published material due date. c. HIMSS reserves the right, in its sole discretion, to cancel or decline to publish (whether digitally or in print) any Company Content (as defined below) for any reason or no reason, at any time, even if it has been published previously by HIMSS. In such event, HIMSS and Company shall work in good faith to identify an acceptable replacement. In the event the parties are unable to do so, Company shall be required to pay HIMSS all reasonable expenses incurred in connection with its preparation or production of the Media Services related to the Company Content. Additionally, advertisements that simulate editorial content must be clearly defined and labelled. HIMSS reserves the right to insert wording such as “ADVERTISEMENT” or “SPONSORED” on any content that, in HIMSS’ sole discretion, simulates editorial content and might mislead the reader. d. Unless otherwise set forth in the Cover Page, HIMSS shall own all right, title and interest in and to any materials produced by HIMSS for Company as part of the Media Services (the “Media Services Deliverables”); provided however that, subject to Company’s compliance with the terms of this Agreement (including any restrictions set forth in the Cover Page), HIMSS hereby grants to Company an exclusive, royalty free, perpetual, worldwide, sub- licensable license to use the Media Services Deliverables in the final form delivered by HIMSS. e. Company agrees that a HIMSS publication logo shall be present on company-facing web pages, conferencing technology, Webinar/podcast platform screens, emails, and/or other communications associated with the Media Services Deliverables. f. HIMSS does not guarantee any level of circulation, readership, or ratings for Media Services or Media Services Deliverables. Except as provided in writing, HIMSS does not guarantee any particular placement of Media Services Deliverables. g. If, as part of the Media Services, HIMSS provides access to HIMSS TV, Company will ensure the participant(s) who will be interviewed are available least five (5) minutes prior to the scheduled time for filming. If the participant(s) are not available at least five (5) minutes in advance, including due to participation in another session or programme at the Event, the participant will be deemed a no-show. In such circumstance, Company will be deemed to have waived any right or entitlement to those Media Services based upon the no-show. HIMSS may, at its sole discretion, reschedule the HIMSS TV interview or make other accommodations to Company based upon considerations such as the availability of suitable interviewers and the filming schedule. Should rescheduling be required based upon a no- show, HIMSS retains the right to charge Company a rescheduling fee in advance of the interview. 6 h. HIMSS reserves the right, in its sole discretion, to edit all Media Services and Media Service Deliverables, including but not limited to interviews on HIMSS TV. HIMSS will distribute only the final edited content to Company, in digital or print form, as agreed upon by the parties in the Cover Page. 7. COMPANY CONTENT. a. Any content provided by Company to HIMSS in connection with the Services, or otherwise used by Company in connection with its use of the Services (“Company Content”), including the costs for development, is the sole responsibility of Company. Notwithstanding the foregoing, all Company Content to be used in the Services, regardless of format and media, is subject to prior approval by HIMSS, which shall be at HIMSS’ sole and exclusive discretion. Company represents and warrants that Company Content will: (i) comply with all applicable laws; (ii) not include any obscene, defamatory, misleading, or offensive content, and does not infringe the intellectual property rights of any third party; (iii) not violate any privacy or publicity rights. Company will, upon request from HIMSS, provide HIMSS with a copy of all licenses, written grants of authority and/or written permissions applicable to the Company Content (collectively, “Permissions”) within seven (7) days of the request. Notwithstanding any provision herein to the contrary, Company acknowledges and agrees that it is responsible for securing any such Permissions. b. Company hereby grants to HIMSS a non-exclusive, sub-licensable, worldwide, royalty free, license to use the Company Content solely to the extent necessary in order to provide the Services in accordance with the terms of this Agreement. As between HIMSS and Company, all Company Content will remain Company’s property and will be used by HIMSS only as set forth in this Agreement. c. HIMSS shall have no liability for any error in publishing Company Content, except that HIMSS will work with Company in good faith to correct any errors in Company Content at Company’s expense. 8. CONFIDENTIALITY; PRIVACY a. Each party will, during the term of this Agreement and for a period of three (3) years after the End Date, keep confidential the terms of this Agreement and any confidential or proprietary information provided to it by the other in connection with the Services (“Confidential Information”). Confidential Information shall not include information which is: (i) previously known to the receiving party without any obligation of confidence with respect to such information; (ii) acquired by the receiving party from a source which is not, to the receiving party’s knowledge, under an obligation of confidence with respect to such information; (ii) publicly known or otherwise publicly available, except through a breach of this Agreement; or (iv) independently developed by the receiving party without reference to the disclosing party’s Confidential Information. In the event the receiving party receives a subpoena or other validly issued administrative or judicial process requesting Confidential Information of the disclosing party, it will, unless prohibited by law, provide prompt notice to the disclosing party of such receipt. b. Company represents, warrants, and covenants that, to the extent it discloses to HIMSS any personal data in connection with, or for purposes of, HIMSS’ provision of the Services, it will do so in accordance with all applicable laws including, without limitation, the General Data Protection Regulation 2016/679 and the UK Data Protection Act 2018. 7 9. ADDITIONAL TERMS. a. Company will comply with the HIMSS Event Manual, which is incorporated herein by reference. HIMSS retains the right to amend or modify the HIMSS Event Manual at its sole discretion. HIMSS will provide Company with no less than thirty (30) days advance written notice of any changes to the HIMSS Event Manual unless otherwise required by law. Company will also comply with the applicable Event Venue Guide, which will be available to Company no less than six (6) weeks prior to the Event. The Event Venue Guide will provide specific information related to the Event such as the event schedule, online platform access, and other resources. b. Company acknowledges and agrees that HIMSS may publicly refer to Company as a Sponsor and/or Exhibitor of HIMSS and, in connection with such public reference, may use Company’s name, brand, and related marks in any media and on any platform. Company further acknowledges and agrees that while acting as a Sponsor and/or Exhibitor, it shall not infringe any third party copyright, trademark, or other similar intellectual property right and shall comply with all laws related thereto. c. Company shall conduct all business including without limitation use and distribution of circulars, advertisement, or other materials within the confines of the space designated for Company for its sponsored activity (“Sponsored Space”) and/or Exhibit Space. Company shall comply with all rules and regulations as outlined in the Event Manual, as provided to Company by HIMSS. Only authorized representatives of Company are permitted to display or demonstrate any products, processes, or services, to solicit orders, to wear identification of Company, or to distribute advertising or other materials at Company’s “Sponsored Space”. Any violation of this paragraph will constitute a material breach of this Agreement and may result in prompt removal of the offending person from the Event venue. Use of noisemakers, promotions and presentations that may be judged not in good taste, lacking in dignity, or not in keeping with the purpose of HIMSS are prohibited. d. No audio or visual recording of any portion of the Event is permitted unless approved previously in writing by HIMSS. Company will procure that its employees adhere to this requirement. e. Company will ensure that, no later than four (4) weeks before the Event, all speakers complete the online Speaker Agreement, which includes terms of participating in the Event as a Speaker as well as an authorization for publication and recording. An example of the online Speaker Agreement is attached as Exhibit A. Company will, at all times when using the Services, behave responsibly and treat other members of the HIMSS community with respect, kindness and compassion. HIMSS reserves the exclusive right, without refund, to revoke the credentials of any Event participant whose conduct HIMSS, the Venue, or any authority, determines is inappropriate, disorderly, or offensive. f. DISCLAIMER AND LIMITATION OF LIABILITY. THE EVENT PLATFORM IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. HIMSS DOES NOT CONTROL, ENDORSE, OR TAKE RESPONSIBILITY FOR ANY CONTENT AVAILABLE ON OR LINKED TO THE PLATFORM OR THE ACTIONS OF ANY THIRD PARTY OR USER, INCLUDING EVENT ATTENDEES. WHILE HIMSS ATTEMPTS TO MAKE ACCESS TO AND USE OF THE EVENT PLATFORM SAFE, HIMSS DOES NOT REPRESENT OR WARRANT THAT IT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. 8 IN NO EVENT AND UNDER NO THEORY OF LIABILITY, INCLUDING CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, WARRANTY, OR OTHERWISE, WILL EITHER PARTY BE LIABLE TO THE OTHER FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, OR LOST PROFITS ARISING FROM OR RELATING TO PARTICIPATION IN THE EVENT, INCLUDING THOSE ARISING FROM OR RELATING TO CONTENT MADE AVAILABLE ON THE PLATFORM THAT IS ALLEGED TO BE DEFAMATORY, OFFENSIVE, OR ILLEGAL. ACCESS TO, AND PARTICIPATION IN, THE EVENT IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR COMPUTER SYSTEM, OR LOSS OF DATA RESULTING THEREFROM. g. Company will indemnify, defend, and hold HIMSS, its affiliates, and its and their respective shareholders, employees, and contractors harmless from and against all losses and/or costs suffered or incurred as a result of third party actions or claims out of or in connection with: (i) Company’s material breach or non-performance of its obligations under this Agreement or (ii) the Company Content. h. Company will carry and maintain the following insurance coverage: General Liability in the amount of $1,000,000 per occurrence. Company’s insurance policy must include HIMSS and its subsidiaries, affiliates, officers, directors and employees as additional insureds. Certificate and endorsements must state that the general liability insurance is primary and will not seek contributions from any insurance available to the additional insureds. Company Certificates of insurance will be provided to HIMSS upon request. i. While at the Event, Company agrees to comply with all applicable laws, statutes, regulations, and codes relating to anti-bribery and anti-corruption including, but not limited to, the United States Foreign Corrupt Practices Act, UK Bribery Act, and any other applicable local anti- corruption legislation. j. During the Event, and for three (3) days prior thereto and three (3) days directly thereafter, neither Company nor any of its affiliates or representatives will provide goods or services that directly compete with goods or services provided by HIMSS without first receiving HIMSS’ prior written approval, with such approval being in HIMSS’ sole and exclusive discretion. For the avoidance of doubt, goods and services includes hosting, sponsoring, organizing, or otherwise offering an event similar in nature or involving a similar audience to the Event offered by HIMSS, even if different in size or scope. Should HIMSS authorize the Company to convene participants or attendees from the Event for its own purposes, Company will not, under any circumstances, indicate that such event is endorsed by HIMSS or otherwise use HIMSS’ name, logo or mark to insinuate such endorsement. Company’s failure to comply with its obligations under this paragraph will be considered a material breach and will be grounds for dismissal from the Event, cancellation of the Services, and forfeiture of all associated Fees. k. Any notice or other communication required or permitted to be given under this Agreement will be in writing and sent to the addresses of the parties as indicated on the Cover Page, or to such other addresses as the parties may otherwise designate in writing, via certified or registered mail, return receipt requested. Such notice will be effective upon receipt. l. Company may not transfer or assign this Agreement in whole or in part without the prior written consent of HIMSS. m. This Agreement will be governed by the laws of England and Wales without reference to conflicts of law principles. The parties agree that the sole and exclusive jurisdiction and venue for any disputes arising hereunder will be in the High Court of England and Wales and each party hereby waives all defenses of lack of personal jurisdiction related thereto. n. A person who is not a party to this Agreement has no right to enforce this Agreement. 9 o. In the event that HIMSS is unable to perform the Services in accordance with the terms of this Agreement as a result of any cause or agency over which HIMSS has no control, including but not limited to, fire, flood, tempest, inclement weather, failure of the event platform or a related communications failure or as a result of governmental intervention (which includes but is not limited to travel restrictions imposed by a government entity in the country where the Event is located), malicious damage, acts of God, war, strike, lock-out, labor dispute, riot, curtailment of transportation, a pandemic or epidemic, or should HIMSS decide that because of any such cause that it is necessary to cancel, postpone or changes the platform for the Event, HIMSS will not be liable to refund, indemnify, or reimburse Company with respect to any fees paid, or any damage or loss arising as a result thereof, except as specifically set forth below. (i) Notwithstanding the foregoing, if HIMSS postpones or changes the platform for the Event as a result of the above, HIMSS will undertake reasonable endeavours to provide similar benefits to the Company at the rescheduled event (“the Replacement Event”) without further charge. For an event to be considered a Replacement Event, it must occur within six (6) months of the original Event, target the same or a similar audience, and feature content which is substantially the same as the original Event. p. This Agreement will not create a joint venture or an employment relationship between the parties. Each party will retain the status of independent contractor and will not have the authority to bind or represent the other. q. No amendment of this Agreement will be binding unless in a writing specifically referencing this Agreement and executed by authorized representatives of both parties. This Agreement, together with the attached Exhibits, constitutes the final, complete, and exclusive understanding between the parties with respect to its subject matter and cancels and supersedes all prior or contemporaneous agreements or understandings, whether written or oral, with regard thereto. The parties have not relied upon any promises, warranties, or undertakings other than those expressly set forth in this Agreement. 10 HIMSS SERVICES AGREEMENT Exhibit A – Speaker Agreement FROM A GDPR PERSPECTIVE I CONSENT TO YOU ROM A I would like to register as a speaker for this Event and I agree to the Event AGREED  and Speaker Terms and Conditions. (required) In accepting the Event and Speaker Terms and Conditions in full, I confirm that I have read and understood specific obligations they include: I consent to the processing and sharing of my personal data as set out in the CONFIRMED  Terms and Conditions (required) I give HIMSS rights to use my presentation and also rights to use my CONFIRMED  participation to promote the event (required) CONFIRMED  I commit that I have the right to use all material included in the work. (required) CONFIRMED  I commit that all material presented will be objective and impartial. (required) CONFIRMED  I understand my obligations regarding fees and expenses. (required) I understand that in the digital Event platform, certain interactions with individual sponsors, exhibitors or other attendees will imply a positive opt-in CONFIRMED  for HIMSS to share some of my personal data with them. This is explained (required) in detail in the Data Privacy section of the Event Terms and Conditions https://www.himss.org/himss-legal As a U.S. not-for-profit membership organization, HIMSS is able to offer registration to this Event courtesy of various sponsors and exhibitors. HIMSS recognizes and acknowledges the trust you put in our organization, in opting-in to the permissions set out below OPTIONAL CONSENTS Check box to accept As part of my registration, I opt-in to complimentary HIMSS membership I’m in!  I opt-in to receive invitations and information from HIMSS that are sent on behalf of HIMSS’ exhibitors and sponsors. This may include invitations to attend networking activities related to the Event, information about business I’m in!  opportunities provided by exhibitors and sponsors, research and bespoke content and promotional offers related to the Event. I opt-in to receive invitations and information directly from HIMSS’ exhibitors and sponsors. This may include invitations to attend networking activities and business opportunities. I’m in!  Many of our exhibitors and sponsors host social events by invitation, including booth activities (such as education and raffles), by sending invitations to attendees; you are encouraged but not required, to opt-in to share your registration contact information for this purpose. 11 Collaboration to Promote the Event You grant to the Healthcare Information and Management Systems Society (“HIMSS”) and its affiliates, agents, representatives, licensees and successors and assigns, a non-exclusive, perpetual license to use, publicly perform, publicly display, distribute in any medium, sub-license and also to create and use derivative works from presentations in which you participate at the HIMSS and Health 2.0 conference, parallel digital event or replacement digital event, (collectively the “Event”) including written, audio and visual material distributed or displayed during the presentations (collectively, the “Work”). Such use, distribution, and creation may include audiotapes, videotapes, web broadcasting, printed materials, and electronic/digital/computer media and other media. The Work may be edited as reasonably deemed necessary by HIMSS in order to render suitable for use, and you forever waive any and all rights to royalties that may arise as a result of your participation. On behalf of yourself, your heirs successors, and assigns, you hereby release any and all claims against HIMSS which may arise directly or indirectly from the exercise of the license granted hereunder.  HIMSS may use your name, likeness, photo, voice, appearance, biographical information, statements, and performance in association with the Work and take photographs, record, project, stream, and broadcast the foregoing for your roles (e.g., speaker, moderator, facilitator, etc.)  HIMSS agrees to acknowledge your contribution to the Work in whatever form HIMSS uses, distributes, or creates for the Work. The Participant’s Rights to Present the Work You warrant the following and accept liability for any claims or expenses caused by failure to do so.  That you hold all rights to this Work.  That you have obtained all necessary clearances, have cited all sources and /or included all necessary acknowledgments  This Work is not libelous, contains nothing unlawful and does not invade individual privacy Objective Presentation My presentation will not attempt to persuade attendees to purchase or use a specific product, service, piece of equipment, or device. Fees and Expenses  In recognition of my contribution, HIMSS will provide me with free registration to the Event  I acknowledge that I am responsible for all my own expenses including travel, accommodation and catering, unless I have come to a separate agreement with HIMSS regarding expenses.  I understand that HIMSS recommends booking flexible or refundable options, in the light of the COVID-19 pandemic. Early Bird Rate To be eligible for “Early Bird Rate” any fees you have Confirmed to pay by wire transfer must be received by the ‘Early Bird’ deadline which is 10.08.2020. If we receive your payment after that date, we will charge you the standard registration fee. HIMSS Cancellation HIMSS reserves the right to cancel, amend or reschedule programmed sessions If the entire Event is cancelled or postponed for technical or other reasons, your registration will be rolled forward to the digital 12 edition (only) of HIMSS/Health2.0’s next regional European event, currently scheduled for early June 2021. Your registration fee will not be refunded. Event Access Depending on the platform HIMSS deploys, access to the Event may be through a website or through an app you need to download on your device(s). HIMSS will provide login credentials to you (usually by email) prior to the first session. Please do not share login credentials. Anyone found sharing their access information or login credentials will be restricted from future access to the event, and your registration will be cancelled. Image, Audio and Video Your registration and attendance at this event indicates your consent for HIMSS to record and use any image or video or voice feed you provide (e.g. in a Q&A), without payment of any kind, for use in promotional and editorial activities of HIMSS and for future use in any and all media, including social media. Respect of HIMSS Intellectual Property and Other Attendees’ Contact Details You agree not to capture or permit to be captured or copied, in any form or format, without the express written permission of HIMSS, any of the Event programme content whether in audio, video or still image format. To the extent you can access the some or all of the attendee roster through the Event app or website for networking, matchmaking or similar reasons, you agree not to use the roster contents for any commercial, marketing, promotional or political purposes. Respect of Fellow Attendees Event attendees are expected to behave responsibly and to treat each other and the community with respect, kindness and compassion. HIMSS reserves the right, without refund, to revoke the access credentials of attendees whose conduct is deemed inappropriate, disorderly or offensive by HIMSS, affiliated third parties or local authorities. Data Processing HIMSS, including its affiliated entities (collectively referred to as “HIMSS,” “we,” “us” or “our” in this privacy notice), is the legal controller of the personal data you provide. We collect and process personal information about our registrants and members including exhibitors, speakers and conference attendees including name, title, organization, position, industry, address, email address, phone number and other information you may choose to share with us. HIMSS has reasonable and appropriate electronic procedures to safeguard and secure personal information collected on-line and to store it securely. To learn more about our privacy practices, including your rights, such as right to access, amend and delete the personal data held about you, please view our Privacy Policy. Throughout this form, “I”, “your” and “my” refer to the Registrant. Data Privacy You have read and agree to the following use and processing of you “Personal Data” (name, title, organization, biographical information and email address) for the purposes of the Event. Personal Data may be published or otherwise made available in certain Event resources, including, without limitation, speaker biographies, conference materials, and via the Event website. Your Personal Data may also be shared with Event moderators and others, who may be external to HIMSS, in connection with the Event, and associated education sessions. 13 This Registration Form contains options regarding whether to share your personal registration contact information with third parties as part of your participation in the Event. The HIMSS Privacy Policy https://www.himss.org/himss-legal provides additional information regarding how and when HIMSS will process, use and share your personal information. By registering for this Event, you understand and acknowledge that HIMSS will use your registration contact information as set forth in the HIMSS Privacy Policy https://www.himss.org/himss-legal, which includes sharing for the purposes of organizing the Event, communicating with registrants about the Event, and other purposes that are necessary for HIMSS business. If you are eligible for HIMSS membership and have opted into this, you understand and acknowledge that HIMSS will use your personal data as set forth in the HIMSS Privacy Policy, which includes, but is not limited to, using your personal data to administer your membership, communicating with you about events (including this Event) and sending you information that might be relevant to your interests and/or profession. HIMSS will not share any of your personal registration contact information except as set forth in this document and in accordance with the preferences you have expressed here. Our virtual event platform will support features equivalent to scanning your badge at an in-person event. Like badge-scanning, we will interpret certain actions you take in the Event as a positive opt-in to a specific sponsor or exhibitor receiving information about you. You can opt out of us sharing your information by not taking the actions in question. The information shared with the sponsor or exhibitor will include your name, contact information, and what you viewed, asked or accessed. Relevant actions include  Visiting an exhibitor’s virtual booth  Attending a sponsored session  Accessing sponsored content  Communicating directly with an exhibitor or sponsor within the platform Our virtual event platform will support networking between attendees. For the Event to function effectively, your participation may be visible on the platform and other attendees may be able to contact you via the platform. If you choose to interact with another attendee, you opt-in for HIMSS to share your Event networking profile with that attendee. You can opt out of this sharing by not interacting with other attendees and you also control what information is available in your Event networking profile including any contact details. 14
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