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These Terms and Conditions of Service, along with our Services overview, Plans & Pricing, Policies, and other information on our website (collectively referred to herein as the “Agreement”) outline the terms and conditions regarding your use of our products and services. This Agreement is a legally binding contract between you and sierra26 so please read carefully. We agree to make the services available to you only upon your acceptance of this Agreement. If you do not accept this Agreement, do not purchase, register for, or use any of the services. By purchasing, registering for, and/or using our services you expressly acknowledge that you understand and have accepted this Agreement.
As used herein and as the context requires, the term “we”, “us”, “our”, and “sierra26” shall mean Iron Mountain Information Management, LLC, and its affiliates and subsidiaries that may perform any services. The term “you”, “your”, and “Customer” shall mean the person or entity who accesses or uses the services and any person or entity who purchases services or creates an account for the services. The term “services” shall mean all products and services offered by sierra26 which may be further described on the sierra26 website, including but not limited to the Customer Account Dashboard, the Site, product offerings such as service bundles and all other services. The term “Deposits” and “items” means any of the Customer’s records, media, materials, images and electronically stored information, and other items stored with or processed by sierra26 as part of the services.
“CCPA” means the California Consumer Privacy Act of 2018.
“Personal Information” means any data or information that is received by sierra26 from
Customer, subject to the services under the Agreement, that relates to, describes, is
capable of being associated with, or could be linked, directly or indirectly, with a
particular natural person who is a California resident or household. Personal Information
does not include publicly available information.
“Process” means any operation or set of operations that are performed on
personal data or on sets of personal data, whether or not by automated means.
This Business Associate Agreement (“BAA”) is an addendum to your Agreement with sierra26 and is
incorporated therein by reference. It is intended to supplement and amend the Agreement only in the
event and to the extent sierra26 meets, with respect to you, the definition of a Business Associate set
forth at 45 C.F.R. §160.103 and may Use and/or Disclose PHI on your behalf, as a Covered Entity.
Except to the extent modified in this BAA, all terms and conditions set forth in the Agreement shall
remain in full force and effect and govern the services.
sierra26 and Customer are entering into this BAA in order for both parties to meet their respective
obligations as they become effective and binding upon the parties under the HIPAA Privacy, Security,
and Breach Notification Rules along with any implementing regulations including those implemented
as part of the Omnibus Rule (collectively referred to as the “HIPAA Rules”), under which Customer is
a “Covered Entity” or “Business Associate” and sierra26 is a “Business Associate” of Customer. For
purposes of this Agreement, any references hereinafter to Business Associate shall be deemed
references to sierra26.