EdPuzzle

Edpuzzle Data Privacy Agreement

This Agreement (“Agreement”) is entered into on this 14th of August 2018, between the
Colchester Public Schools (the “Board”) and Edpuzzle
(“Contractor”) (collectively, the “Parties”) for the purpose of identifying the obligations of the
Parties relative to the confidentiality of student data.

Article I. Definitions. For purposes of this Agreement, “directory information,” “de-
identified student information,” “personally-identifiable information,” “school purposes,”
“student information,” “student records,” “student-generated content,” and “targeted
advertising,” shall be as defined by Public Act 16-189. “Education records” shall be defined by
the Family Educational Rights and Privacy Act of 1974 (“FERPA”), codified at 20 U.S.C
§ 1232g (as amended); and its implementing regulations, 34 CFR 99.1 - 99.67 (as amended).
Article I. Purpose of Agreement; The Parties agree that the purpose of this Agreement is to
detail the obligations of both Parties relative to the safety and confidentiality of student
information, student records and student-generated content (collectively, “student data”), which
student data may be provided to the Contractor in connection with Contractor’s provision of one
or more of the following professional and non-instructional services (check those applicable):

Medical consultation
Special education consultation or audit
Academic program consultation or audit (non-special education)

Behavior intervention/Positive behavior intervention supports consultation or
audit

Information technology consultation or audit
Vv Student data storage, maintenance, collection and/or analysis

v Other (explain): Use of Edpuzzle site

REC'D AUG 14 2018

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Article IT]. General Provisions

A. All student data provided or accessed pursuant to this Agreement is and remains under
the control of the Board, All student data are not the property of, or under the control of,
the Contractor.

B. The Board may request that the Contractor delete student data in the Contractor’s
possession by sending such request to the Contractor by electronic mail. The Contractor
will delete the requested student data within two (2) business days of receiving such a
request.

C. The Contractor shall not use student data for any purposes other than those authorized in
this Agreement, and may not use student data for any targeted advertising.

D. If the Contractor receives a request to review student data in the Contractor’s possession
directly from a student, parent, or guardian, the Contractor agrees to refer that individual
to the Board and to notify the Board within two (2) business days of receiving such a
request. The Contractor agrees to work cooperatively with the Board to permit a student,
parent, or guardian to review personally identifiable information in student data that has
been shared with the Contractor, and correct any erroneous information therein, by
following the amendment procedures outlined in the Board’s Confidentiality and Access
to Education Records Policy, #5125.

Article IV. Security and Confidentiality of Student Data. The Contractor and the Board shal]
ensure that they each comply with the FERPA. Further, the Contractor shall take actions
designed to ensure the security and confidentiality of student data, including but not limited to:

A. Using technologies and methodologies consistent with the guidance issued in the
American Recovery and Reinvestment Act of 2009, Public Law 111-5, § 13402(h)(2), 42
U.S.C. § 17932;

B. Maintaining technical safeguards relating to the possession of education records in a
manner consistent with 45 C.F.R. 164.312;

C. Otherwise meeting or exceeding industry standards relating to the safeguarding of
confidential information.

Article V. Prohibited Uses of Student Data

A. The Contractor shall not use student data for any purposes other than those authorized
pursuant to this Agreement.

B. The Contractor shall not retain, and the Board shall not otherwise make available, any
student data upon completion of the contracted services unless a student, or parent or
legal guardian of a student chooses to establish or maintain an electronic account with the
Contractor for the purpose of storing student-generated content.

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C. During the entire effective period of this Agreement, the Board shall have control of any
and all student data provided to or accessed by the Contractor. If a student, parent or
guardian requests deletion of student data, the Contractor agrees to notify the Board
immediately, but no later than two (2) business days after receiving such a request, and
agrees to not delete such student data because it is controlled by the Board. The
contractor shall destroy any and all student data within a reasonable period of time if the
Board requests the deletion of such student data.

D. The Contractor shall not collect, store, or use student data or persistent unique identifiers
for purposes other than the furtherance of school purposes, as determined by the Board.

E. The Contractor shal] not sell, rent or trade student data. In the event the Contractor
merges or is purchased by another entity, the Contractor must notify the Board in writing
and receive written approval from the Board prior to providing for any purpose any
student data covered under this Agreement to its successor.

Article VI. Data Breaches

A. Upon the discovery by the Contractor of a breach of security that results in the
unauthorized release, disclosure, or acquisition of student data, or the suspicion that such
a breach may have occurred, the Contractor shall provide initial notice to the Board as
soon as possible, but not more than forty-eight (48) hours after such discovery (“Initial
Notice”). The Initial Notice shall be delivered to the Board by electronic mail

Jburt@colchesterct.or and shall include the following information, to the extent known

 

at the time of notification:

1, Date and time of the breach;

2. Names of student(s) whose student data was released, disclosed or acquired;
3. The nature and extent of the breach;

4. The Contractor’s proposed plan to investigate and remediate the breach.

B. Upon discovery by the Contractor of a breach, the Contractor shall conduct an
investigation and restore the integrity of its data systems and, without unreasonable delay,
but not later than thirty (30) days after discovery of the breach, shall provide the Board
with a more detailed notice of the breach, including but not limited to the date and time of
the breach; name(s) of the student(s) whose student data was released, disclosed or
acquired; nature and extent of the breach; and measures taken to ensure that such a
breach does not occur in the future.

C. The Contractor agrees to cooperate with the Board with respect to investigation of the
breach and to reimburse the Board for costs associated with responding to the breach,
including but not fimited to the costs relating to notifications as required by Public Act
16-189.

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D. Notwithstanding the breach notifications required in this Article, the Contractor shall
provide the Board with a copy of the notification that it provides to a student or the
parents or guardians of such student pursuant to Public Act 16-189. The copy of such
notice shall be provided to the Board by electronic mail on the same date that it is
provided to the student or parents or guardians of such student. The Parties agree that the
following information shall be included in the Contractor’s notice of breach to a student
or parent or guardian of a student:

1. Name of the student being notified whose student data was released, disclosed or
acquired, which shall not include the names of other students;
2. Date and time of the breach.

Article VII. Choice of Law, Choice of Forum, Merger, Severability

A, Choice of Law. The parties agree that this agreement and any disputes arising
from or relating to this Agreement, including its formation and validity, shall be
governed by the laws of the State of Connecticut.

B. Choice of Forum. The parties agree that any and all disputes arising from or
relating to this Agreement, including its formation and validity, shall be settled in
the State of Connecticut.

Cc. Amendment. This Agreement may be changed, amended, or superseded, only
upon an agreement in writing executed by both parties hereto.

D. Severability. A court finding of invalidity for any provision of this Agreement
, does not invalidate other provisions or applications that are not affected by the
finding.

 

duly
Date
Edpuzzle

Jaume Bohigas - CSO

Taume 8 . 08/14/2018

Date

 

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