Certain information that may be provided to Teacher Dashboard 365 by teachers, teacher aides, or other personnel at an Institution (“School Official”) that is directly related to a student and maintained by an Institution, may be considered an education record (“Education Record”) under the US Family Educational Rights and Privacy Act (“FERPA”). Additionally, certain information, provided to Teacher Dashboard 365 by School Officials about a student, such as student name and grade level, may be considered directory information under FERPA (“Directory Information”) and thus not an Education Record. A school may not generally disclose personally identifiable information from an eligible student’s education records to a third party without written consent of the parent and/or eligible student or without meeting one of the exemptions set forth in FERPA (“FERPA Exemption(s)”), including the exemption for Directory Information (“Directory Information Exemption”) or disclosure to school officials with a legitimate educational interest (“School Official Exemption”).
As a School Official or Institution providing Directory Information or any Education Record to Teacher Dashboard 365, you represent, warrant and covenant to Teacher Dashboard 365, as applicable, that your Institution has:
- Complied with the Directory Information Exemption, including, without limitation, informing parents and eligible students what information the Institution deems to be Directory Information and allowing parents and eligible students a reasonable amount of time to request that schools not disclose Directory Information about them; and/or
- Complied with the School Official Exemption, including, without limitation, informing parents in their annual notification of FERPA rights that the Institution defines “School Official” to include service providers and defines “legitimate educational interest” to include services such as the type provided by Teacher Dashboard 365; or
- Obtained all necessary parental or eligible student written consent to share the Directory Information and Educational Records with Company, in each case, solely to enable Teacher Dashboard 365’s operation of the Service.
Teacher Dashboard 365 will never share Education Records with third parties except (i) as directed by a Teacher Dashboard 365 user (i.e., teacher sharing with another teacher or parent); or (ii) to our service providers that are necessary for us to provide the Service.
Education Records are never used or disclosed for third party advertising or any kind of first- or third-party behaviourally-targeted advertising to students or parents. Additionally, information collected directly from a student using Teacher Dashboard 365 is never used or disclosed for third party advertising, or any kind of first- or third-party behaviourally-targeted advertising, and personal information collected from a student is never sold or rented to anyone. This section shall not be construed (i) to prohibit Teacher Dashboard 365 from marketing or advertising directly to parents so long as the marketing or advertising did not result from the use of Educational Records to provide behaviourally targeted advertising or (ii) to limit the ability of Teacher Dashboard 365 to use student information or Educational Records for adaptive learning or customised student learning purposes.
Teacher Dashboard 365 may use Education Records that have been de-identified for product development, research or other purposes (“De-Identified Data”). De-Identified Data will have all direct and indirect personal identifiers removed, this includes, but is not limited to, name, date of birth, demographic information, location information and school identity. Teacher Dashboard 365 agrees not to attempt to re-identify the De-Identified Data and not to transfer the De-Identified Data to a third party unless that party agrees not to attempt re-identification.