whom you designate to receive such data. You hereby waive
and release the Health Care Provider and Insurance Carrier
and its respective affiliates from any and all damages, losses,
actions, costs and claims in connection with the access of your
data resulting from your use of the Service and the Meter and
in connection with the administration of your participation in
the Insurance Carrier's health care plan. If you share your data
generated by the Service, then you agree that anyone you've
shared such data with may access and use that data and such
use shall not be subject to Telcare's Privacy Policy. You agree
that SMS and email messages sent to authorized users are for
informational purposes only.
Furthermore, you hereby acknowledge and agree that Telcare
shall be permitted to view any and all of your data ("End
User Data") for the sole purpose of complying with FDA
regulations and its obligations therein. In addition, Telcare may,
in its discretion, extract from the End User Data information
on an aggregated and anonymous basis, including without
limitation your age, gender, and prescription protocols (the
"De-Identified Information") from which identifiers have
been removed pursuant to 45 C.F.R. § 164.514 (together with
any other relevant statutes or regulations, as amended from
time to time), such that the De-Identified Information is not
Protected Health Information ("PHI") and is not subject to
the privacy restrictions of HIPAA and any and all related
privacy regulations. Without limiting Telcare's obligation to
preserve the confidentiality of your PHI, Telcare may use your
De-Identified Information for statistical, analytical, and any
academic or commercial purposes on an aggregated basis.
Telcare shall not use or disclose the De-Identified Information
in any manner inconsistent with HIPAA or any other statute or
regulation.
You hereby agree and acknowledge that your testing data
and blood glucose readings ("Testing Data") will not be
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