Release from Liability and Covenant Not to Sue. RESPONDENTS FULLY AND FOREVER RELEASE AND DISCHARGE IPD ANALYTICS, AND ITS SUBSIDIARIES, AFFILIATES, DIRECTORS, MEMBERS, MANAGERS, OFFICERS, SHAREHOLDERS, EMPLOYEES, AGENTS, AND INSURERS (EACH, A "RELEASED PARTY", AND COLLECTIVELY, "RELEASED PARTIES") FROM ANY AND ALL LOSSES, DAMAGES, CLAIMS (INCLUDING BUT NOT LIMITED TO NEGLIGENCE CLAIMS), DEMANDS, LAWSUITS, EXPENSES, AND ANY OTHER LIABILITY OF ANY KIND, OF OR TO THE RESPONDENT OR ANY OTHER PERSON, DIRECTLY OR INDIRECTLY ARISING OUT OF OR IN CONNECTION WITH PARTICIPATION IN THE INTERVIEW, EVEN IF IT IS DUE TO THE NEGLIGENCE, FRAUD, WILLFUL MISCONDUCT, OMISSION, OR OTHER FAULT OF A RELEASED PARTY. RESPONDENTS COVENANT NOT TO MAKE OR BRING ANY SUCH CLAIM AGAINST IPD ANALYTICS OR ANY OTHER RELEASED PARTY, AND FOREVER RELEASE AND DISCHARGE IPD ANALYTICS AND ALL OTHER RELEASED PARTIES FROM LIABILITY UNDER SUCH CLAIMS.
Indemnification. RESPONDENTS INDEMNIFY, DEFEND, AND HOLD HARMLESS IPD ANALYTICS AND THE OTHER RELEASED PARTIES FROM AND AGAINST ANY AND ALL LOSSES, EXPENSES, DAMAGES, AND COSTS, INCLUDING BUT NOT LIMITED TO REASONABLE ATTORNEYS' FEES, ARISING FROM OR RELATING TO PARTICIPATION IN THE INTERVIEW, INCLUDING BUT NOT LIMITED TO BREACH OF ANY PROVISION OF THE ENGAGEMENT LETTER AND CORRESPONDING ATTACHMENTS. Respondents shall use their best efforts to cooperate in the defense of any claim. Respondents acknowledge that IPD Analytics reserves the right, at its own expense, to employ separate counsel and assume the exclusive defense and control of any matter otherwise subject to indemnification as provided herein.
Risk to Loss of Privacy. IPD Analytics stores the information that respondents voluntarily provide during the Interview, including, but not limited to the audio recording of the Interview and documentation of the information shared during the Interview. This information is stored on IPD Analytics' web platform and may be shared with the Subscribers (brand and generic manufacturers, payers & managed care, hospitals & health systems, supply-chain members, institutional investors, etc.; collectively, the “Subscribers”) and other third-parties, such as third-party vendors who perform maintenance and other services for IPD Analytics (e.g., data back-ups). Furthermore, where a third-party vendor provides maintenance or other services for IPD Analytics, IPD Analytics will adhere to their retention protocols.
By storing this information on IPD Analytics' web platform, there may be some risk(s) to privacy. Accidental public disclosure may occur such as unintended data breaches. In such a case, data may be misused or used for unauthorized purposes.
Disclosure of Information. IPD Analytics may share and disclose the information provided during the Interview as provided herein. IPD Analytics' policy is to protect each respondent's privacy and confidential information subject to and in accordance with the Engagement Letter, its attachments, and applicable law.
By participating, respondents give permission for IPD Analytics to provide aggregated insights collected during the Interviews, to the following:
Subscribers. IPD Analytics' policy is to protect each participant's privacy and confidential information subject to and in accordance with the Engagement Letter, its attachments, and applicable law. The purpose of the research is to gather insights to provide to IPD Analytics' Subscribers (brand and generic manufacturers, payers & managed care, hospitals & health systems, supply-chain members, institutional investors, etc.; collectively, the “Subscribers”).
When requested by a governmental agency having jurisdiction, a court of competent jurisdiction, or other operation of law.
Third-party vendors as required to transcribe audio recordings as well as operate and maintain the web platform.
Data Retention. Recordings of interviews will only be retained for as long as is necessary for the purposes specified, and then securely destroyed.
Security. To prevent unauthorized access, improper use or disclosure, unauthorized modification or unlawful destruction or accidental loss, IPD Analytics uses physical, technical and administrative procedures to safeguard its web platform and the personal information it collects. However, transmission of information through the internet is not secure. Although IPD Analytics seeks to protect respondents’ information as described above, it cannot guarantee the security of any information transmitted through its web platform.