Pear Deck (2021)

Connecticut Addendum

This Connecticut Addendum (“Connecticut Addendum’) to the Pear Deck Terms of Service
(available at https://Awww.peardeck.com/terms-of-service) and Pear Deck Privacy Policy
(available at https://www.peardeck.com/privacy-policy) (“Privacy Policy”) (the “Pear Deck
Agreement”) by and between Pear Deck, Inc. (“Pear Deck”) and Colchester Board of
Education (“Your School’), each individually referred to as a “Party,” and collectively as the
“Parties.” This Connecticut Addendum shall be effective as of the last date of signature below
and shall continue coterminous with the subscription term.

For the purposes of this Connecticut Addendum, “directory information,” “de-identified student
information,” “school purposes,” “student information,” “student records,” “student-generated
content,” and “targeted advertising” shall be as defined by Conn. Gen. Stat. § 10-234aa. All
other capitalized terms in this Connecticut Addendum shall retain the same meaning as in the
Pear Deck Agreement.

In accordance with Connecticut General Statutes §§ 10-234aa through 10-234dd and applicable
law, the Parties hereby agree as follows:

1. Student records, student information, and student-generated content (collectively,
“Student Data”) provided or accessed pursuant to the contract are not the property of,
or under the control of, Pear Deck.

2. Your School shall have access to and the ability to delete Student Data in the
possession of Pear Deck except in instances where such Student Data is (A) otherwise
prohibited from deletion or required to be retained under state or federal law, or (B)
stored as a copy as part of a disaster recovery storage system and that is (i)
inaccessible to the public, and (ii) unable to be used in the normal course of business by
Pear Deck. Your School may request the deletion of any such Student Data if such copy
has been used by Pear Deck to repopulate accessible data following a disaster recovery.
Your School may request the deletion of student data by using the functionality of Pear
Deck’s products, and if the product functionality is insufficient in fulfilling such a request,
upon submitting a written and verifiable request by Your School to Pear Deck.

3. Pear Deck shall not use Student Data for any purposes other than those authorized
pursuant to the then-current joint Pear Deck Agreement (and as updated from to time).

4. A student, parent or legal guardian of a student may review personally identifiable
information contained in his/her Student Data and correct any erroneous information, if
any, in such Student Data. He or she may do so by contacting the appropriate official at
Your School with authority to make such requests through Pear Deck on behalf of Your
School. Pear Deck and the official designated by Your School will work together to carry
out such a documented and verifiable request.

5. Pear Deck shall take actions designed to ensure the security and confidentiality of
Student Data.

6. Pear Deck will notify Your School, in accordance with applicable law, which includes
Conn. Gen. Stat. § 10- 234dd, as applicable, when there has been an unauthorized
release, disclosure or acquisition of Student Data. Such notification will also be sent to
the signatory of Your School designated below (as updated from time to time by Your

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10.

11.

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School through a writing to Pear Deck) and will include names of those individuals and
types of Student Data affected by the unauthorized release, disclosure, or acquisition of
Student Data, to the extent known by Pear Deck.

Upon expiration of the Pear Deck Agreement, Your School shall notify Pear Deck in
writing of its desire to not renew its paid subscription and not to further use any free
access available in Your School’s Pear Deck account. At such time, Pear Deck shall take
commercially reasonable actions to destroy or return all Student Data, except a student,
parent or legal guardian of a student may choose independently to establish or maintain
an electronic account with Pear Deck after the expiration of such contract for the
purpose of storing student-generated content.

Pear Deck and Your School shail each ensure their own compliance with the Family
Educational Rights and Privacy Act of 1974, 20 U.S.C. § 1232g, as amended from time
to time.

The laws of the State of Connecticut shall govern the rights and duties of Pear Deck and
Your School.

If any provision of this Connecticut Addendum is held invalid by a court of competent
jurisdiction, the invalidity does not affect other provisions or applications of the Pear
Deck Agreement or this Connecticut Addendum which can be given effect without the
invalid provision or application.

Pear Deck acknowledges and agrees to comply with the above and ail other applicable
aspects of Connecticut General Statutes§§ 10-234aa through 10-234dd.

The Parties agree that this Connecticut Addendum controls over any inconsistent terms
or conditions contained within any other agreement entered into by Your School and
Pear Deck concerning Student Data, including but not limited to the Pear Deck
Agreement.

For avoidance of doubt, all other provisions in the Pear Deck Agreement remain in full force and
effect. Additionally, this Connecticut Addendum is solely between the Parties and shall have no
effect upon the terms for any other individual or entity subject to the Pear Deck Agreement. To
the extent that the terms of this Connecticut Addendum conflict with the Pear Deck Agreement,
the terms of this Connecticut Addendum shall control. Any violation or breach of this
Connecticut Addendum shall, except as otherwise prohibited by law, be subject to all
disclaimers and limitations on liability as set forth in the Pear Deck Agreement.

[Remainder of Page Left Intentionally Blank; Signature Page to Follow]

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Signed and Agreed:

For and on behalf of Colchester Board of
Education

Signature: 4: _
Name: ie Se L
Title: Pupt. yy Boe

Dated: AUG 19 2021

Email Address (for Section 6 Notice):

For and on behalf of Pear Deck, Inc.

DocuSigned by:
Signature: [ panete (ee

57 1EAF 287629444.

Name: Jeanette Lee
Title: Corporate Counsel
Dated: 8/19/2021

perk @ Clchesterch. o od

SG 10012870v.1