Effective Date: February 12, 2020
These Educational Institutions Terms supplement (and do not supersede) our Terms of Use; however, in the event of a direct conflict, these Educational Institutions Terms shall prevail with respect to the subject matter hereof. Capitalized terms that are not defined below have the definitions given to them in ParentPowered’s Terms of Use. If you have any questions, comments, or concerns regarding these Educational Institutions Terms, please contact us at support@parentpowered.com.
The Family Educational Rights and Privacy Act (“FERPA”) requires that Educational Institutions that receive certain federal funds obtain prior written consent from a parent or guardian of a minor student (“Parent”) before disclosing any educational records regarding such student (“Educational Records”) to third parties. If you are an Educational Institution and FERPA applies to you, you hereby designate ParentPowered (including its employees, contractors, and agents) as an “other school official” under FERPA, who has a “legitimate educational interest” in using and accessing such Educational Records, and you hereby represent and warrant that (a) you have obtained all consents necessary in connection with disclosing any Educational Records directly or indirectly to ParentPowered or otherwise in connection with the Services, and (b) your disclosures described in (a), and ParentPowered’s use of such Educational Records in accordance with the Terms of Use, Privacy Policy, and these Educational Institutions Terms are not and will not be a violation of FERPA.
As between an Educational Institution and ParentPowered, Educational Records continue to be the property of and under the control of the Educational Institution. We do not own, control, or license such Educational Records, except as permitted under these Educational Institutions Terms and ParentPowered’s Terms of Use and Privacy Policy.
The licenses granted to User Submissions in the Terms of Use also apply to Education Records as limited by the following: ParentPowered will not disclose any Educational Records to a third party in a manner that personally identifies any individual person or Educational Institution, except as you’ve requested or authorized ParentPowered to do so through the Services. For clarity and without limitation, we will not (and will not allow third parties to) use personally identifiable information from Educational Records to engage in targeted advertising.
For avoidance of doubt, the foregoing shall not restrict ParentPowered from using information from Educational Records that does not identify you or any of your students or staff individually (including aggregated or anonymized information that was once personally identifiable) (“Aggregated Anonymized Data”) for any purpose, unless otherwise prohibited by these Educational Institutions Terms and ParentPowered’s Terms of Use, such as to develop, evaluate, analyze, improve, operate, provide, or market our Services. You further agree that we may use, store, transmit, distribute, modify, copy, display, sublicense, and create derivative works of the Aggregated Anonymized Data even after this Agreement has expired or been terminated.
Parents, legal guardians, or students over the age of 18 (“Authorized Persons”) may review personally identifiable information in the Educational Records accessible to ParentPowered on the Services and correct erroneous information therein by the protocol described in the Privacy Policy.
Educational Institutions and Authorized Persons may request deletion of a student’s account by following the protocol described in the Privacy Policy. We will use commercially reasonable efforts to comply with such deletion requests and we certify that we will not retain or otherwise make available to third parties the Educational Records after the termination, except as permitted hereunder. If you believe that we have not complied with any such deletion request, please contact us at support@parentpowered.com. For clarity, such deletion requests do not restrict ParentPowered’s right to use Aggregated Anonymized Data as described above.
ParentPowered may terminate these Educational Institutions Terms in accordance with the “Termination” section of ParentPowered’s Terms of Use.
ParentPowered maintains industry level administrative, physical, and technical measures to protect Educational Records stored in our servers, which are located in the United States. We train our employees to ensure the security and confidentiality of Educational Records that we maintain. If there is any unauthorized disclosure or access to any personally identifiable information from Educational Records on the Services, we will promptly notify you, upon becoming aware of such disclosures or access, by email and will use reasonable efforts to cooperate with your or their investigations of the incident. We require that you inform the parents of all affected students, as ParentPowered may not have access to parent contact information. As the owner of the Educational Records, you may be responsible for the timing, content, cost, and method of any notice requirements trigged by security incidents under applicable laws, however, when permissible under applicable laws, you will grant ParentPowered, at ParentPowered’s request and expense, the right to control the timing, content and method of such required notice on your behalf.
If you are an Educational Institution, you hereby represent and warrant that you have received explicit affirmative consent to submit any Personal Information to ParentPowered from the subject of such Personal Information, and that you have obtained the required consents from such subject for such subject to receive communications from ParentPowered and you (including via SMS text message to their wireless phone number). You accept and agree that you are fully and solely responsible for obtaining such required consents. If you are an Educational Institution, any and all custom text messages you send through the Services must be informational messages only. If you send any marketing or telemarking text messages through the Services, you will be solely liable for any damages arising out of or in any way connected with such text messaging. You agree to indemnify and hold ParentPowered harmless against any damages, losses, liabilities, settlements and expenses (including without limitation costs and attorneys’ fees) in connection with any claim or action that arises from an alleged violation of the requirement that you send informational messages only.