Exceptions to Obligations definition
Exceptions to Obligations. The exceptions in this Section do not apply to Patient Data, PII, or PCI, which remain subject to the confidentiality obligations of this Agreement. Recipient is not subject to the confidentiality obligations of this Agreement regarding Confidential Information that Recipient can prove meets any of the following criteria: (a) is or becomes publicly available without breach of this Agreement, but only from the date that it becomes publicly available; (b) was rightfully in Recipient's possession without an obligation of confidentiality owed to Discloser before Recipient received it from Discloser; (c) was disclosed to Recipient by a third party without obligation of confidentiality owed to Discloser; or (d) is independently developed by Recipient without using any of the Confidential Information. Patient Data, PII, and PCI: If Customer permits Revcord to create, use, disclose, access, de- identify, aggregate, maintain, or transmit any of Customer's Patient Data, PII, or PCI under this Agreement, Revcord must first sign, and require its contractors to sign, an approved business associate agreement ("BAA") and data security agreement ("DSA"). The BAA and DSA are independent, stand-alone agreements and survive any termination of this Agreement. This Agreement does not amend, alter, or limit the BAA or DSA. With respect to Patient Data, PII, and PCI, if a conflict arises between this Agreement and the BAA or DSA, the BAA or DSA, as applicable, governs. Unless specifically permitted under the BAA or the DSA, Revcord may not create, use, disclose, access, de-identify, aggregate, maintain, or transmit any of Customer’s Patient Data, PII, or PCI. If Revcord fails to comply with the previous sentence or discovers Customer’s Patient Data, PII, or PCI, then Revcord will (a) notify Customer immediately in writing, and (b) follow Customer’s instructions for returning or destroying that Patient Data, PII, or PCI. Judicial Order: If a judicial or governmental request or order seeks Confidential Information, Recipient may disclose that Confidential Information as requested or ordered. But, if permitted by applicable law, Recipient must notify Discloser before disclosing the Confidential Information and cooperate with Discloser's reasonable requests in seeking a protective order or limiting the effect of that disclosure.