Secondary Use of Data by Contractors of CRISP. CRISP will not, and will contractually require Exchange Technology Providers or Directand Licensed Technology Providers or any other agent or contractor of CRISP with access, other than on an incidental basis, to Data or Health Data, not to use or disclose Data or Health Data provided to the HIE by Participants, available from the HIE about Participant Users, or transmitted using the DirectCRISP Services except as may be required by this Agreement or Applicable Law, and not to de-identify such Data or Health Data in order to engage for a Secondary Use (as defined below) or to provide the Data or Health Data or information derived from the Data or Health Data to any other person or entity, including a related entity or a third party, for the Recipient’s Secondary Use, even if, in all cases, the Secondary Use is otherwise permitted by Applicable Law, unless as to a Secondary Use permitted by Applicable Law and the Secondary Use has been approved by the Advisory Board through the process and under the standards set forth in Section 112.02(b). A Secondary Use, unless otherwise defined by Applicable Law (as determined by CRISP), is the use of the Data or Health Data or the extraction of information from the Data or Health Data for analytic, predictive or other business purposes unrelated to this Agreement, including but not limited to monitoring or analysis of practice or utilization patterns of Participant or Participant Users or Subscribed Users.
Secondary Use of Data by Contractors of CRISP. CRISP will not, and will contractually require Exchange Technology Providers and Licensed Technology Providers or any other agent or contractor of CRISP with access, other than on an incidental basis, to Data, not to use or disclose Data provided to the HIE by Participants, available from the HIE about Participant Users, or transmitted using CRISP Services except as may be required by this Agreement or Applicable Law, and not to de-identify such Data in order to engage for a Secondary Use (as defined below) or to provide the Data or information derived from the Data to any other Individual or entity, including a related entity or a third party, for the Recipient’s Secondary Use, even if, in all cases, the Secondary Use is otherwise permitted by Applicable Law, unless as to a Secondary Use permitted by Applicable Law and the Secondary Use has been approved by the Advisory Board through the process and under the standards set forth in Section 11. A Secondary Use, unless otherwise defined by Applicable Law (as determined by CRISP), is the use of the Data or the extraction of information from the Data for analytic, predictive or other business purposes unrelated to this Agreement, including but not limited to monitoring or analysis of practice or utilization patterns of Participant or Participant Users.
