Regulatory requirements for Microsoft Vaccination Management
Customization, Maintenance, and Use. Your use of Vaccination Management is subject to the terms and conditions of the license agreement(s) by which you acquired Vaccination Management. You are solely responsible for customizing, maintaining, and otherwise using Vaccination Management, including to ensure that any information and data are current, accurate, and complete, and your use complies with Laws (as defined below), does not infringe the rights of any person or entity, and otherwise is suitable and appropriate. Sample data within Vaccination Management have been created using current information about COVID-19 from the Centers for Disease Control and Prevention (CDC) and World Health Organization (WHO) as of March 1, 2021. New information may not be fully reflected in any sample data provided within Vaccination Management.
Compliance with Privacy Laws. The collection, access, use, storage, disposal, and disclosure of Personal Data (defined below) in connection with your implementation and use of Vaccination Management must comply with all Laws relating to health information, privacy, and data protection. You and any relevant vaccine administrator or other third party should implement administrative, physical, and technical security safeguards and trainings to protect Personal Data and the integrity, security, and availability of Vaccination Management that are no less rigorous than accepted industry standards, and you shall ensure that all such safeguards, including the manner in which Personal Data is collected, accessed, used, stored, processed, disposed of, and disclosed, comply with Laws. “Personal Data” means information submitted through Vaccination Management by you, any vaccine administrator or vaccine recipient, or any other person that: (i) identifies or can be used to identify an individual (also known as a “data subject”) (including, without limitation, names, signatures, addresses, telephone numbers, e-mail addresses, and other unique identifiers); or (ii) can be used to authenticate an individual (including, without limitation, employee identification numbers, government-issued identification numbers, passwords or PINs, financial account numbers, credit report information, biometric or health data, answers to security questions, and other personal identifiers), including the identifying information on individuals as may be defined in the Health Insurance Portability and Accountability Act (“HIPAA”), as amended by the Health Information Technology for Economic and Clinical Health Act (“HITECH Act”), and the regulations promulgated thereunder.
Compliance with Other Laws. You shall at all times comply with applicable federal, state, local, and international laws, regulations, orders, and government agency interpretations thereunder (“Laws”) in the jurisdictions of operation or in any way affecting the use of Vaccination Management. To the extent applicable, you will abide by and comply with regulations and requirements of applicable Laws including but not limited to (A) the Federal Food, Drug, and Cosmetic Act and the regulations promulgated thereunder; (B) the Public Health Service Act and the regulations promulgated thereunder; (C) HIPAA and the HITECH Act; (D) all Laws applicable to the distribution, use, and administration of vaccines; (E) the California Consumer Privacy Act, and (F) other applicable Laws. You are solely responsible for determining the appropriate regulatory classification and obtaining and maintaining any regulatory approvals relevant to your use of Vaccination Management. In communications with end users, you will not attribute any texts or emails to Microsoft or its affiliates and subsidiaries.
NOTICE AND CONSENT
With respect to any individual about whom you, any relevant vaccine administrator, or other third party will collect or otherwise process Personal Data through Vaccination Management, you must ensure that proper notice is provided and meaningful explicit consent is obtained from any such individual before data collection takes place.