Smart Science Education acknowledges that certain information about the Institution's students is contained in records maintained by Smart Science Education and that this information can be confidential by reason of the Family and Educational Rights and Privacy Act of 1974 (20 U.S. C. 1232g) and related Institution policies currently at http://www.smartscience.net
unless valid consent is obtained from the Institutions's students or their legal guardians. Both parties agree to protect these records in accordance with FERPA and Institution policy. To the extent permitted by law, nothing contained herein shall be construed as precluding either party from releasing such information to the other so that each can perform its respective responsibilities. The Institution shall advise Smart Science Education whenever any Institution students have provided consent to release information to an extent broader then as provided for by FERPA or Institution policy.
Data Collection, Access, and PrivacyAny personally identifiable information about students (“Protected Student Information”) is protected under the Family Educational Rights and Privacy Act of 1974, (FERPA) (20 U.S.C. § 1232g; 34 CFR Part 99) which is a Federal law that protects the privacy of student education records.
To the extent the Licensee’s access to and use of the Smart Science Application requires disclosure of Protected Student Information, Licensee represents and warrants that it has obtained any required student and/or parent or guardian consents to allow the Licensor to provide the Smart Science Application and provide support and that it will comply with all applicable laws relating thereto. The Licensee agrees to indemnify, defend, and hold harmless the Licensor and its directors, officers, employees, and agents against all judgments, settlements, losses, liabilities, damages, fines, penalties, payments, costs, expenses, claims, suits, actions, proceedings or demands arising from or relating to a claim related to or arising from the Licensee’s violation of FERPA or any applicable law related to Protected Student Information. 5.3 The Licensor shall use any Protected Student Information solely for the purpose for which it is disclosed. The Licensee and Licensor shall not disclose Student Protected Information to any party outside either organization (except to either party's authorized agents under an obligation of confidentiality), without the written consent of the student's parent or guardian (or the student, if over the age of 18).
The Licensee may request the removal of Protected Student Information from the Licensor's systems upon termination of this agreement. The Licensee acknowledges that such removal will prevent data retrieval at a later date, such as if the agreement is reentered.