FERPA Compliance and Student Data Privacy Policy

October 2016

Chartlytics, in its role as a vendor to educational and behavior agencies and institutions (EAs), receives disclosures from the EAs of personally identifiable information (PII) contained in student records. Only information that is needed for Chartlytics to perform services outsourced to it by the EA is disclosed to Chartlytics. These disclosures are authorized under the Family Educational Rights and Privacy Act (FERPA), a federal statute that regulates the privacy of student records by EAs that receive financial assistance from the U.S. Department of Education. Chartlytics, as a contractor to the EA, receives the disclosures on the same basis as school or employee officials employed by the EA, consistent with FERPA regulations, 34 CFR §99.31(a)(1)(i)(B). Consistent with those regulations, Chartlytics has a legitimate educational interest in the information to which it is given access because the information is needed to perform the outsourced service, and Chartlytics is under the direct control of the EA in using and maintaining the disclosed education records, consistent with the terms of its contract.

Chartlytics is subject to the same conditions on use and redisclosure of education records that govern all school officials, as provided in 34 CFR §99.33. In particular, Chartlytics must ensure that only individuals that it employs or that are employed by its contractor, with legitimate educational interests – consistent with the purposes for which Chartlytics obtained the information -- obtain access to PII from education records it maintains on behalf of the district or institution. Further, in accordance with 34 CFR §99.33(a) and (b), Chartlytics may not redisclose PII without consent of a parent or an eligible student (meaning a student who is 18 years old or above or is enrolled in postsecondary education) unless the agency or institution has authorized the redisclosure under a FERPA exception and the agency or institution records the subsequent disclosure. An example of such a disclosure is when Chartlytics is requested by a school district to assist the district in the transfer of the student records from our system to another system.
Chartlytics will not sell or otherwise use or redisclose education records for targeted advertising or marketing purposes. Chartlytics does not allow advertising within it products, and therefore there is no behavioral or targeted advertising. Chartlytics uses data within its products only to deliver the services contracted by the educational institution. Chartlytics may use anonymized, non-PII data internally to improve the products and services it delivers to EAs.

Chartlytics employs extensive technological and operational measures to ensure data security and privacy, including advanced security systems technology, physical access controls, and annual privacy training for employees and partners, and criminal background checks of all employees. All United States Customer data is housed within the United States or a country specifically designated by a Chartlytics customer, for example, Canadian customers' data is housed in Canada.

All employees of Chartlytics are required to sign an Acknowledgement and Agreement of Policies that commits the employees to comply with Chartlytics' data privacy and security policies and receive required annual security and privacy training, including commitments and training regarding the prohibition on disclosure of student data.

Chartlytics does not own any of the student data or district-created data within its products. These data within the products are property of, and under the control of the local educational agency. The collection, input, use, retention, disposal, and disclosure of any information in our software applications are controlled solely by the EAs which license our products. Chartlytics cannot delete, change, or disclose any information from our software applications controlled by the EA. Students who wish to retain possession and control of their own pupil-generated content should contact the EA. If the EA is unable to fulfil the request of the student, Chartlytics can assist at the direction and expense of the EA.

In the event any third party (including the eligible student or parent/guardian of the eligible student) seeks to access education records, Chartlytics will immediately inform the EA of such request in writing. Chartlytics shall not provide access to such data or information or respond to such requests unless compelled to do so by court order or lawfully issued subpoena from any court of competent jurisdiction or directed to do so by the EA. Should Chartlytics receive a court order or lawfully issued subpoena seeking the release of such data or information, Chartlytics shall provide immediate notification, along with a copy thereof, to the EA prior to releasing the requested data or information, unless such notification is prohibited by law or judicial and/or administrative order or subpoena.
If the EA is unable to fulfil a request of an eligible student or parent/guardian to review the student’s records, Chartlytics can assist at the direction and expense of the EA. In such an event where a parent, legal guardian, or eligible student seeks to make changes to the data within our products parents, legal guardians, or eligible students shall follow the procedures established by the EA in accordance with FERPA. Generally these procedures establish the right to request an amendment of the student’s education records that the parent or eligible student believes is inaccurate, misleading, or otherwise in violation of the student’s privacy rights under FERPA. Parents or eligible students who wish to ask the EA to amend their child’s or their education record should write an EA official (often a Principal or Superintendent), clearly identify the part of the record they want changed, and specify why it should be changed. If the EA decides not to amend the record as requested by the parent or eligible student, the EA will notify the parent or eligible student of the decision and of their right to a hearing regarding the request for amendment. Additional information regarding the hearing procedures would be provided to the parent or eligible student when notified of the right to a hearing.

In the event Chartlytics becomes aware of a data breach or inadvertent disclosure of PII, Chartlytics shall take immediate steps to limit and mitigate such security breach to the extent possible. A senior executive of Chartlytics will notify a senior member of the affected EAs leadership team, ideally the Superintendent or similar chief executive. This typically will occur within 24 hours of confirmation of the event and would include the known relevant details. The EA and Chartlytics will work cooperatively in determining an action plan, including any required notification of affected persons. In the event that Chartlytics is at fault for the breach or disclosure, Chartlytics carries a $1,000,000 cyber-liability insurance policy that provides for a number of potential remedies, such as credit monitoring for affected parties, fraud coverage, crisis management communications coverage, business interruption coverage, and data restoration coverage, among others.

In the event of termination of a license to use our products, Chartlytics works with the EA, in accordance of the terms of the EAs contract, to destroy all student records contained in our systems and then will permanently delete all archival or backup copies of the agency’s or institution’s data. Chartlytics shall not knowingly retain copies of any PII data or information received from EA once EA has directed Chartlytics as to how such information shall be returned and/or destroyed. Furthermore, Chartlytics shall ensure that it disposes of any and all data or information received from EA in a commercially reasonable manner that maintains the confidentiality of the contents of such records (e.g. shredding paper records, erasing and reformatting hard drives, erasing and/or physically destroying any portable electronic devices). At the request of the EA, Chartlytics will provide a written certification of destruction.
To the extent parents, guardians or students have questions regarding the content of, or privacy associated with, any applications used by the educational institution, please contact that agency or institution.

Chartlytics may, from time to time, update this policy to be in compliance with evolving state and federal laws and regulations.