Charlotte Community Health Clinic, hereafter Charlotte Community Health Clinic and (name of Employee/Volunteer), hereafter "Employee/Volunteer " sets forth the terms and conditions under which information created or received by or on behalf of Charlotte Community Health Clinic (hereafter collectively referred to as protected health information or "PHI") may be used or disclosed under state law and the Health Insurance Portability and Accountability Act of 1996 and updated through HIPAA Omnibus Rule of 2013 and will also uphold regulations enacted there under (hereafter "HIPAA").

THEREFORE, in consideration of the premises and the covenants and agreements contained herein, the parties hereto, intending to be legally bound hereby, covenant and agree as follows:

1. All parties acknowledge that meaningful employment may or will necessitate disclosure of confidential information by Charlotte Community Health Clinic to the Employee/Volunteer and use of confidential information by the Employee/Volunteer Confidential information includes, but is not limited to, PHI, any information about patients or other Employee/Volunteers, any computer log-on codes or passwords, any patient records or billing information, any patient lists, any financial information about this Charlotte Community Health Clinic or its patients that is not public, any intellectual property rights of Practice, any proprietary information of Practice and any information that concerns this Charlotte Community Health Clinic's contractual relationships, relates Charlotte Community Health Clinic's competitive advantages, or is otherwise designated as confidential by this Charlotte Community Health Clinic.
2. Disclosure and use of confidential information includes oral communications as well as display or distribution of tangible physical documentation, in whole or in part, from any source or in any format (e.g., paper, digital, electronic, internet, social networks like Facebook™ or Twitter™ posting, magnetic or optical media, film, etc.). The parties have entered into this Agreement to induce use and disclosure of confidential information and are relying on the covenants contained herein in making any such use or disclosure. Charlotte Community Health Clinic, not the Employee/Volunteer, is the records owner under state law and the Employee/Volunteer has no right or ownership interest in any confidential information.
3. Confidential information will not be used or disclosed by the Employee/Volunteer in violation of applicable law, including but not limited to HIPAA Federal and State records owner statute; this Agreement; the Practice’s Notice of Privacy Practices, as amended; or other limitations as put in place by Practice from time to time. The intent of this Agreement is to ensure that the Employee/Volunteer will use and access only the minimum amount of confidential information necessary to perform the Employee/Volunteer’s duties and will not disclose confidential information outside of Charlotte Community Health Clinic unless expressly authorized in writing to do so by Charlotte Community Health Clinic. All Confidential information received (or which may be received in the future) by Employee/Volunteer will be held and treated by him or her as confidential and will not be disclosed in any manner whatsoever, in whole or in part, except as authorized by Charlotte Community Health Clinic and will not be used other than in connection with the employment relationship.
4. The Employee/Volunteer understands that he or she will be assigned a log-on code or password by Practice, which may be changed by Charlotte Community Health Clinic, in its sole discretion, sees fit. The Employee/Volunteer will not change the log-on code or password without Charlotte Community Health Clinic’s permission. Nor will the Employee/Volunteer leave confidential information unattended (e.g., so that it remains visible on computer screens after the Employee/Volunteer’s use). The Employee/Volunteer agrees that his or her log-on code or password is equivalent to a legally-binding signature and will not be disclosed to or used by anyone other than the Employee/Volunteer. Nor will the Employee/Volunteer use or even attempt to learn another person’s log-on code or password. The Employee/Volunteer immediately will notify Charlotte Community Health Clinic’s privacy officer upon suspecting that his or her log-on code or password no longer is confidential. The Employee/Volunteer agrees that all computer systems are the exclusive property of Practice and will not be used by the Employee/Volunteer for any purpose unrelated to his or her employment. The Employee/Volunteer acknowledges that he or she has no right of privacy when using Charlotte Community Health Clinic’s computer systems and that his or her computer use periodically will be monitored by this Charlotte Community Health Clinic to ensure compliance with this Agreement and applicable law.
5. Immediately upon request by Charlotte Community Health Clinic, the Employee/Volunteer will return all confidential information to Charlotte Community Health Clinic and will not retain any copies of any confidential information, except as otherwise expressly permitted in writing signed by this Charlotte Community Health Clinic. All confidential information, including copies thereof, will remain and be the exclusive property of this Charlotte Community Health Clinic, unless otherwise required by applicable law. The Employee/Volunteer specifically agrees that he or she will not, and will not allow anyone working on their behalf or affiliated with the Employee/Volunteer in any way, use any or all of the confidential information for any purpose other than as expressly allowed by this Agreement. The Employee/Volunteer understands that violating the terms of this Agreement may, in Charlotte Community Health Clinic’s sole discretion, result in disciplinary action including termination of employment and/or legal action to prevent or recover damages for breach. Breach reporting is imperative.
6. The parties agree that any breach of any of the covenants or agreements set forth herein by the Employee/Volunteer will result in irreparable injury to Charlotte Community Health Clinic for which money damages are inadequate; therefore, in the event of a breach or an anticipatory breach, Practice will be entitled (in addition to any other rights and remedies which it may have at law or in equity, including money damages) to have an injunction without bond issued enjoining and restraining the Employee/Volunteer and/or any other person involved from breaching this Agreement.
7. This Agreement shall be binding upon and ensure to the benefit of all parties hereto and to each of their successors, assigns, officers, agents, Employee/Volunteers, shareholders and directors. This Agreement commences on the date set forth above and the terms of this Agreement shall survive any termination, cancellation, expiration or other conclusion of this Agreement unless the parties otherwise expressly agree in writing.
8. The parties agree that the interpretation, legal effect and enforcement of this Agreement shall be governed by the laws of the State and by execution hereof, each party agrees to the jurisdiction of the courts of the State. The parties agree that any suit arising out of or relation to this Agreement shall be brought in the county where Charlotte Community Health Clinic’s principal place of business is located.