Certain information regarding students is governed by the Family Educational Rights and Privacy Act (FERPA) or other laws and agreements concerning privacy and private information. You must not submit any information to the Services regarding another person (e.g. student) that you do not have the legal right to submit.
Surpass Software acknowledges that it is designated as a “school official” with “legitimate educational interests” in Your data and associated metadata, as those terms have been defined under the Family Educational Rights and Privacy Act (“FERPA”) and its implementing regulations, and Surpass Software agrees to abide by the limitations and requirements imposed by 34 CFR 99.33(a) on school officials. Surpass Software will use Your data only for the purpose of fulfilling its duties under this agreement and it will not monitor or share such data with or disclose it to any third party except as required by law, or as authorized in writing by You. By way of illustration and not of limitation, Surpass Software will not use Your data for its own benefit and, in particular, will not engage in “data mining” of Your data or communications, whether through automated or human means, except as necessary to fulfill its duties under the subscription, as required by law, or authorized in writing by You.
You have the right to consent to disclosure of your personally identifiable information contained in your educational records. Exceptions under FERPA allow Surpass Software to disclose educational records without your prior written consent to:
Requests for access to educational records that do not include directory information or are not an allowable exception require your consent. Surpass Software will not change how Your data and other non-public information is collected, used, or shared under the terms of this policy without advance notice and your consent.