Helia Care Policies

Last Updated: May 5, 2023

Definitions

Definitions

Active Facility” means any Member Facility with which you have an Active Price List utilized via the Helia Connect® Service.

Active Price List” means your digital price list that (a) a Member Facility has requested from you via a confidential digital request through Helia Connect®, (b) you have provided product information to the Member Facility through the Helia Connect® platform, and (c) contains the purchase price for any product listed thereon, as agreed upon by you and such Member Facility, which product may purchased from you by such Member Facility via the “point of use ordering” and “invoiced orders” functions on the Helia Connect® web platform and mobile application.

Aggregated Data” means any de-identified, non-personally identifiable, technical, statistical, or analytical data, gathered, generated, or compiled directly by the Service or by use of the Service, that we collect, gather, and aggregate periodically as part of our ordinary business operations.

Agreement” shall mean the ordering documents for Customer’s purchases of Services from Helia Care that are executed by the parties or accepted by you from time to time.

Authorized End User” or “User” means any individual authorized, by virtue of his relationship to or permissions from you, to access the Service in accordance with your rights under the applicable Agreement or Document. An Authorized End User can be your employee, contractor, or agent. An Authorized End User must have an email address on Customer’s domain (for example, emailuser@customername.com).

Automated Processing Fees” means the per order fee payable by you to Helia Care for each Invoiced Order generated on the Helia Connect® platform.

Customer” means an entity identified on an Agreement or any of its Authorized End User.

Customer Data” means all data, information, or content provided, uploaded, recorded, or posted by any Authorized End User, you, or a Patient during and in connection with its authorized use of the Service published or displayed on or through the Service or transmitted to or shared with other users. Customer Data includes Patient Data but does not include Aggregated Data.

EPHI” has the same meaning as the term “electronic protected health information” in 45 C.F.R. § 160.103, but limited to information created, received, maintained or transmitted by Helia Care as a Business Associate of Customer.

Helia Connect®” means Helia Care’s online, proprietary invoicing and requisition management tool, implemented as a software-as-a-service, to facilitate communication between healthcare facilities (“Facilities”), their manufacturers and suppliers (“Suppliers”), and contracted distributors (“Distributors”) that provide goods and services to Facilities. Helia Connect® may include On-Site Software and may include installable applications for mobile devices (each a “Mobile App”).

Invoiced Order” means each invoiced order generated on the Helia Connect® platform as a result of a purchase order that is submitted to you from an Active Facility and, in any order, is both (i) delivered by an Active Facility to you with the Active Facility’s purchase order number, and (ii) delivered by you to an Active Facility with your invoice number, in each case via the Helia Connect® platform.

Member Facility” means any healthcare system and its facilities or any healthcare facility providing patient care services that have entered into an agreement with Helia Care in connection with such facility’s use of Helia Connect®.

On-Site Software” means the software customer application installable on desktop computers through which you access Helia Connect and the Service under our Terms and Conditions.

Patient” means the person receiving or registered to receive medical treatment from a Facility, which treatment utilizes one or more products sold by Supplier to Facility and used in connection with the care of the Patient.

Patient Data” means any information or content, whether oral or recorded in any form, created or received by you relating to: (a) a Patient’s past, present, or future physical or mental health or condition; (b) the provision of health care to the Patient; or (c) the past, present, or future payment for the provision of health care to the Patient. Patient Data includes individually-identifiable information related to the Patient, including demographic information collected from the Patient that individually identifies such Patent.

PHI” has the same meaning as the term “protected health information” in 45 C.F.R. § 160.103, but limited to information created, received, maintained, or transmitted by Helia Care as a Business Associate of Customer.

Policy” or “Policies” mean, individually and collectively, any Agreement, the Helia Connect® Terms and Conditions, Business Associate Policy, Payment Policy, Cancellation Policy, Confidentiality Policy, Data Policy, Terms of Use, or Privacy Policy.

Professional Services” means any additional and separate services not included in our Terms and Conditions intended to address a Customer’s special requirements such as configuration, adaptation, and development of customized features or functionalities to the Service. Helia Care may, in its sole and absolute discretion, provide Professional Services on a time-and-materials basis under a separate Professional Services agreement. You are under no obligation to enter into any such agreement or to request Professional Services from Helia Care. Helia Care is under no obligation to agree to perform Professional Services for you or otherwise.

Services” means the services provided by Helia Connect®.