LEVEL ALL’S NY STATE-SPECIFIC ADDENDUM: PARENTS’ BILL OF RIGHTS FOR DATA PRIVACY AND SECURITY
Pursuant to Section 9(c) of Level All’s NY State-specific addendum, unless the parties mutually agree in writing to incorporate a different parents’ bill of rights, the following New York Parents’ Bill of rights for Data Privacy and Security is incorporated into and made part of Level All’s NY State-specific addendum:
PARENTS’ BILL OF RIGHTS FOR DATA PRIVACY AND SECURITY
Pursuant to the State of New York’s Section 2-c and 2-d of the Education Law, parents and students are entitled to certain protections regarding confidential student information. Level All is committed to safeguarding personally identifiable information from unauthorized access or disclosure as set forth below:
- A student’s personally identifiable information cannot be sold or released for any commercial purposes;
- Parents have the right to inspect and review the complete contents of their child’s education record;
- Level All is committed to implementing safeguards associated with industry standards and best practices under state and federal laws protecting the confidentiality of personally identifiable information, including but not limited to, encryption, firewalls, and password protection when data is stored or transferred;
- A complete list of all student data elements collected by the State is available for public review at http://www.p12.nysed.gov/irs/vendors/templates.html or by writing to the NYS Education Department, Information & Reporting Services, Room 863 EBA, 89 Washington Avenue, Albany, NY 12234;
- Parents have the right to have complaints about possible breaches of student data addressed. Complaints should be directed to Data Privacy – Level All, privacy@levelall.com, 152 W 57th Street Floor 19, New York NY 10019;
- Level All has entered into contracts with certain schools/districts who have shared student data and/or teacher data and/or principal data. The following information about such Level All appears in the Agreement with the school/district as required by law:
• The exclusive purpose(s) for which the data will be used;
• the commencement and termination dates of each such agreement;
• A description of how the data will be disposed by the Level All when the contract purpose has been fulfilled;
• The data storage and security measures undertaken. - Level All will abide by data protection and security requirements;
- A parent, student, eligible student, teacher or principal may challenge the accuracy of the student data or teacher or principal data that is collected by filing a written request with a valid employee of the student’s school district.
ATTACHMENT TO NY PARENTS’ BILL OF RIGHTS
Pursuant to the State of New York’s Section 2-d of the Education Law, the contract between Organization and Level All, which involves the disclosure of personally identifiable information (“PII”) from student education records (“Student PII”) or certain teacher/principal information regarding annual professional performance evaluations that is confidential (“APPR Data”), must include this attachment to the Parents’ Bill of Rights to provide specific information about the use of PII by Level All.
- Purpose(s) for which Level All will Receive/Access PII
Level All provides unique support to partner schools and school districts in the use of its web-based technology, which makes content and resources designed to support students, families, and school communities, including the creation and delivery of customized presentation materials, and lesson plans, and providing live and recorded presentations and professional development workshops. - Type of PII that Level All Will Receive/Access
Level All will receive/access Student PII. Level All will not receive APPR Data. - Contract Term
The Contract Term coincides with the duration of the Agreement: {Note: Prior to Organization making this Attachment to the NY Parents’ Bill of Rights publicly available, as required by New York law, the parties will insert in the spaces provided below the scheduled Start Date and End Date of the Agreement, as reflected in the Agreement itself}
Start Date: _____________________________________________________________________
End Date (the date on which the Agreement is set to expire): ____________________________ - Sub-processors
Level All engages certain third-party entities to process the PII on Level All’s behalf (“Sub-processors”). Level All shall enter into a written contract with each Sub-processor containing terms that offer substantially similar levels of data protection obligations and protection for PII as those set out in the Data Protection Addendum agreed to by Organization. - Data Destruction
Level All will delete PII within a reasonable amount of time after the termination or expiration of the Agreement, except that Level All may retain PII as required by applicable legal requirements or as agreed by the Organization. - Challenges to Data Accuracy
Parents, teacher, or principals who seek to challenge the accuracy of PII will do so by contacting Organization. If a correction to data is deemed necessary, Organization will notify Level All. Level All agrees to facilitate such corrections on receipt of a written request from Organization. - Data Storage
Level All shall implement and maintain reasonable administrative, technical and organizational measures, including encryption in transit and in storage, that are designed to preserve the confidentiality and availability of all PII processed by Level All via the Platform. Level All’s technical and organizational measures, as set forth in Level All’s Information Security Plan, are available upon request and may be updated from time to time.
