Customer Privacy

1. Introduction

Education by Design, LLC (“School by Design” or “we”) is reimagining the way teachers teach and students learn in K-12 education. Our products are leading the way in data-driven instruction, breaking new ground in mobile learning and setting the standard for next-generation digital curriculum and assessment. A central part of our work is helping educators improve classroom education by using data in a way that is safe, secure, and effective.

In the course of providing our educational products and services, we take numerous measures to maintain the security and confidentiality of personal information1 collected or stored by School by Design on behalf of our customers, School Districts2 and State Educational Agencies3. In doing so, we enable our customers to control use, access, sharing and retention of personal information in compliance with the federal Family Educational Rights and Privacy Act (“FERPA”) and other applicable privacy laws and regulations (“Applicable Privacy Laws”).

2. Scope of this Policy

This School by Design Customer Privacy Policy (the “Policy”) applies to our School District and State Educational Agency customers who have contracted with School by Design to purchase our products and services, as well as the authorized users of such products and services. There may be different contractual terms and privacy policies in place with some of our customers. Such other terms and policies may supersede this Policy for information collected or released under those terms. If you have any questions as to what legal agreement or privacy policy controls the collection and use of your information, please contact us using the contact information below.

This Policy describes:

3. Types of Information Collected

There are two types of information that School by Design collects and stores on behalf of our School District and SEA customers: (i) information provided by the customer to support the use of our products and (ii) information provided by students, teachers and other school personnel in the course of using our products.

Information provided by our customers

Most of School by Design’s educational products require some basic information about who is in a classroom and who teaches the class. For example, when a teacher logs into an School by Design application that provides student assessment results, a list of students associated with that teacher may be displayed in the application. School by Design’s software looks this information up in a database that contains roster information (e.g. name, grade level, school ID numbers) that the School District supplied to School by Design.

Our customers may also choose to provide additional student demographic data and other school records (e.g. grades, attendance, assessment results) to School by Design for tailoring individual learning programs or enabling additional reporting capabilities through School by Design products. For example, a School District customer may wish to analyze student literacy assessment results based on English Language Learner status in order better differentiate classroom instruction.

Information collected through our products

Our customers use School by Design products and services to improve educational outcomes, in part by using student data to enable greater individualization of classroom instruction. Students and teachers use our products to engage in a variety of educational experiences, many of which entail inputting personal information. This information falls into several different categories listed below along with examples for each category:

4. Use of Information

School by Design uses information collected and stored on behalf of our customers to support the learning experience and to ensure secure and effective operation of our products. In particular, School by Design may use the information collected in the following ways:

5. Disclosure of Information

We will only share personal information stored on behalf of our customers with third parties if authorized by the relevant School District or SEA customer and in the following situations, to the extent we believe in good faith it is necessary or appropriate and permitted by law:

6. Third Party Services

Some of our products and services may be used in conjunction with or enable access to third party services and products, such as those from operating system providers, social media platforms, wireless service providers, device manufacturers, and other application or service providers.

This Policy does not address, and School by Design is not responsible for, the privacy, information or other practices of such third parties, including any third party operating any service to which an School by Design product or service links. School Districts and SEA customers should carefully consider which third party applications to include among the products and services they provide to students and vet the privacy and data security standards of those providers.

7. Security

School by Design uses industry standard administrative, technical, operational and physical measures to safeguard personal information in its possession against loss, theft and unauthorized use, disclosure or modification.

In the event School by Design discovers or is notified of an unauthorized disclosure of personal information within our possession or control, we will, as required by applicable federal and state laws, investigate, take steps to mitigate the potential impact, provide notice of the breach to applicable agencies, including School District and SEA Customers.

8. Review and Correction

FERPA requires schools to provide parents with access to their children’s education records, and parents may request that the school correct records that they believe to be inaccurate or misleading. If you are a parent or guardian and would like to review, correct or update your child’s personal information stored in our product or service, contact your School District. School by Design will work with your School District to enable your access to and, if applicable, correction of your child’s education records.

If you have any questions about whom to contact or other questions about your child’s personal information, you may contact us using the information provided below.

9. Data retention

We will retain personal information collected from our School District and SEA customers for the period necessary to fulfill the purposes outlined in this Policy and our agreement with that School District or SEA customer. Specifically, at the direction of our customers, School by Design will return or destroy personal information stored by School by Design in accordance with applicable law and customer requirements.

10. Updates to this Policy

We may change this Policy in the future. For example, we may update it to comply with new laws or regulations, to conform to industry best practices, or to reflect changes in our product offerings. Such changes to the Policy will become effective when we post the revised Policy on our website. However, in the event there are material changes in our practices with respect to use and disclosure of personal information, we will notify our School District and SEA customers affected by the changes, and the changes will become effective when the School District or SEA customer accepts the new policy.

11. Contact us

If you have questions about this Policy, please contact us at:

Email: legal@schoolbydesign.com
Mail: School by Design, 43 Foundry Avenue, Waltham, MA 02453 Attn: General Counsel



Footnotes

  • 1 “Personal information” means any student information defined as personally identifiable information under FERPA or as personal information under the Children’s Online Privacy Protection Act (“COPPA”). This includes the student’s name, address, email, social security number and other information that, alone or in combination, would allow a reasonable person in the school community to identify the student with reasonable certainty.
  • 2 “School District” means a local educational agency, school network, independent school or other school system.
  • 3 “State Educational Agency” or “SEA” means the educational agency primarily responsible for the supervision of public elementary and secondary schools in any of the 50 states, the Commonwealth of Puerto Rico, the District of Columbia or other territories and possessions of the United States, as well as a national or regional ministry or department of education in other countries, as applicable.

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