District Data Privacy Addendum (DDPA)
Effective Date: August 11, 2025
This District Data Privacy Addendum ("Addendum") is incorporated into and made part of the Observation Partner Terms of Service ("Agreement") when a school district, educational agency, or institution ("District") uses the Service. This Addendum governs the collection, use, storage, and disclosure of data relating to students, teachers, and district personnel in compliance with the Family Educational Rights and Privacy Act ("FERPA") and any other applicable federal, state, or local privacy laws.
1. Purpose
This Addendum ensures that Observation Partner processes District Data only in accordance with FERPA, applicable state student privacy laws, and the District's written instructions.
2. Definitions
For the purposes of this Addendum:
"District Data" means all data provided by or on behalf of the District to Observation Partner, including but not limited to educational records as defined by FERPA, teacher observation notes, evaluation data, and related metadata.
"Personally Identifiable Information" (PII) has the meaning given in FERPA regulations, including any information that can be used to distinguish or trace an individual's identity.
"Service" means the Observation Partner platform and related services.
3. Compliance with FERPA
Observation Partner acknowledges that it may receive and store PII from educational records in its capacity as a "school official" under FERPA, acting with a legitimate educational interest as determined by the District. Observation Partner will:
- Use District Data only to provide and improve the Service.
- Not disclose District Data to third parties except as authorized in writing by the District or required by law.
- Maintain administrative, technical, and physical safeguards designed to protect District Data from unauthorized access, disclosure, or use.
4. Data Ownership
- All District Data remains the sole property of the District.
- Observation Partner obtains no ownership or rights in District Data, except the limited right to process the data as necessary to provide the Service.
5. Data Security and Breach Notification
- Observation Partner will implement and maintain security measures consistent with industry standards to protect District Data.
- In the event of an actual or suspected security breach involving District Data, Observation Partner will notify the District without unreasonable delay and in no case later than 72 hours after confirmation, providing details of the breach and steps taken to mitigate its impact.
6. Data Retention and Destruction
- Upon written request by the District or upon termination of the Agreement, Observation Partner will delete or return all District Data within 30 days, unless retention is required by law.
- Deletion will be permanent and unrecoverable.
7. Subcontractors
Observation Partner will not share District Data with subcontractors unless they are bound by written agreements requiring compliance with FERPA and equivalent data protection obligations.
8. Access and Audit
Upon reasonable notice, the District may audit Observation Partner's compliance with this Addendum. Observation Partner will cooperate with such audits and provide necessary documentation.
9. Conflict
In the event of any conflict between this Addendum and the Terms of Service, the provisions of this Addendum will govern with respect to District Data.
10. Governing Law
This Addendum is governed by the same law as the underlying Agreement, unless otherwise required by the District's jurisdiction.