HomeMy WebLinkAboutLexia Learning LLC 2015-16Addendum to Lexia Learning Systems LLC Web-Based Products and Services Terms
And Conditions
Notwithstanding the standard terms and conditions, Lexia Learning Systems LLC,
hereinafter referred to as "Licensor" and Bonneville foint Unified School District 93,
hereinafter referred to as "School District" agree to incorporate these additional
terms and conditions as required by the Idaho Student Data Accessibility,
Transparency, and Accountability Act of 201,4,ldaho Code Title 33, Section 133
(hereafter, the "Act"J, with respect to the sharing of personally identifiable
information ["PII"] from Student Data, (as defined below) released to Licensor by
School District, for purpose of providing Licensor web-based products and services
as purchased by School District.
1. Licensor agrees to comply with all applicable Idaho state and federal laws
pertaining to the confidentiality and security of PII, including but not limited
to the Family Educational Rights and Privacy Act (FERPA), 20 U.S.C. 512329 and its
implementing regulations, and the Act.
2. Licensor guarantees to have in place appropriate Administrative Securify,
Physical Security, and Logical Security controls and measures designed to
protect from a Data Breach or unauthorized data disclosure;
3. Licensor agrees to notiE/ School District as soon as possible and without
unreasonable delay after Licensor discovers that a Data Breach has occurred,
in accordance with Idaho Code 28-51-105.
4. Licensor will restrict access to PII, as defined below, to the authorized staff
(including employees, contractors and agents) of the Licensor who require
such access to perform their assigned duties and who are under contractual
obligations of confidentiality to Licensor;
5. Licensor is prohibited from any secondary use of personally identifiable
information, as defined below, including sales, marketing or advertising;
6, Upon written requestby the School District following the termination of the
subscription to the web-based products and services provided by Licensor,
all records containing PII provided by the School District will be destroyed or
returned to the School District within sixty (60J days from the date of
request; otherwise Licensor will destroy such PII records within a
commercially reasonable period of time.
7.
8. Licensor agrees to accept the following penalties for non-compliance with
these provisions resulting in a Violation under the Act:
a. The School District's option and right to immediate termination of
web-based products and services. Upon receipt of written notice from
School District under this provision, Licensor will refund to the School
District all fees paid to Licensor for the affected web-based products
and services in the current fiscal year, less the amount pro-rated for
months ofuse prior to the breach of terms;
b. Licensor will indemnify and hold harmless School District and its
employees from any and all third-party claims arising from Licensor,s
breach of these terms.
Defined Terms
Administrative Security consists of policies, procedures, and personnel controls,
including security policies, training, and audits, technical training supervision,
separation of duties, rotation of duties, recruiting and termination procedures, user
access control, background check, performance evaluations, and disaster recovery,
contingency, and emergency plans, designed to maintain the security and
confidentiality of PII and ensure that authorized users know and understand how to
properly use the system in order to maintain security of data.
Data Breach is the unauthorized acquisition or disclosure of PII in accordance with
Idaho Code 28-51-105.
Logical Security consists of software safeguards for an organization's systems,
including user identification and password access, authenticating, access rights and
authority levels designed to maintain the security and confidentiality of PII and
ensure that only authorized users are able to perform actions or access information
in a network or a worktation.
Personally ldentifiable Information (PII) includes: a student's name; the name of
a student's family; the student's address; the students'social security number; a
student education unique identification number or biometric record; or other
indirect identifiers such as a student's date of birth, place of birth or mother's
maiden name; and other information that alone or in combination is linked or
linkable to a specific student that would allow a reasonable person in the school
community who does not have personal knowledge ofthe relevant circumstances, to
identiR/ the student.
Physical Security describes security measures designed to deny unauthorized
access to facilities or equipment and protect such information against anticipated
threats or hazards to the security or integrity ofsuch information.
Student Data means data collected at the student level and included in a student's
educational records as set forth in the Act.
Agreed To:
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