TeachMore® LLC will not sell or share data to advertisers or other third parties, unless legally required. Education Code section 49076(a)(2)(G)(i) provides that a school district may release information from pupil records to "[a] contractor or consultant with a legitimate educational interest who has formal written agreement or contract with school district regarding the provision of outsourced institutional services or functions by the contractor or consultant."
The data provided by a district may include certain Personally Identifiable Information, as such term is defined in the Family Education Rights and Privacy Act of 1974 at 20 U.S.C. 12.34(g) and regulations at 34 C.F.R. 99.3, and pupil records, as the term is defined in Cal. Education Code section 49061(b) ("Confidential Student Information").
TeachMore® LLC agrees to protect Confidential Student Information from unauthorized disclosure and comply with all applicable confidential laws which may include, but is not limited to, the Health Insurance Portability and Accountability Act (HIPAA), the CA Education Code and the Privacy Act (FERPA) as set forth in this Agreement. TeachMore® LLC will use the following protocols to protect the Confidential Student Information to be utilized in the delivery of services:
A. TeachMore® LLC shall protect Confidential Student Information by using the same degree of care, but no less than a reasonable degree of care, to prevent the unauthorized access to or use, dissemination, or disclosure of Confidential Student Information as it uses to protect its own confidential information.
B. TeachMore® LLC agrees to notify the Licensee in writing within three business days after the Licensor becomes aware of any event that presents a reasonable probability of any unauthorized acquisition of, access to or use of Confidential Student Information.
C. Notwithstanding the foregoing, the TeachMore® LLC shall not be liable for the Licensee's use of Confidential Student Information displayed by the software, and in no event is information Confidential Student Information if is (a) was lawfully in the possession of the Licensor before receipt from the Licensee; (b) is or becomes publicly available through no fault ofthe Licensor or Licensee; (c) is received by the Licensor, without restriction as to further disclosure, from a third party having an apparent bona fide right to disclose the information to the Licensor; or (d) is independently developed by the Licensor without use of the Confidential Student Information.
In compliance with the Children's Online Privacy Protection Act (COPPA), for students under the age of thirteen (13), a school district has contracted with TeachMore® LLC to collect personal information from students for the use and benefit of the District, and for no other commercial purpose. Therefore, TeachMore® LLC is not required to obtain consent directly from parents, and can presume that the district's authorization for the collection of student personal information is in compliance with COPPA and, as such, is based upon the school having obtained parent consent.