6-4. SCCPSS Mandatory Master Terms for Data Access and Data Sharing Agreement - SAMPLE.pdf

Savannah Chatham County Public School System Mandatory Master Terms for Data Access and Data Sharing

All parties who have current and future agreements that entail or concern data access and data sharing arrangements with the Savannah-Chatham County Public School System (SCCPSS) are required to agree to the following “Mandatory Master Terms.”

For the purpose of this agreement the term “party” includes all vendors contracting with SCCPSS as well as their parent corporations, subsidiaries, employees, contractors and agents

These Master Terms are mandatory and may not be altered, disclaimed or replaced through any other contractual instrument or agreement other than a specific written and signed amendment to these Master Terms.

Express disclaimers, contrary terms and/or entire agreement clauses in other instruments such as vendor “Terms and Conditions”, “Privacy Policy” or any similar instruments shall have no effect on the durability and strict application of these Master Terms.

Any access to the educational records or personally identifiable information of SCCPSS students will be subject to Federal Educational Rights and Privacy Act (FERPA) and all applicable regulations applying thereto.

All parties accessing, controlling and sharing educational records and/or personally identifiable information of SCCPSS students will comply with applicable FERPA requirements and protocols.

Any party who accesses and/or maintains educational records or personally identifiable information pertaining to SCCPSS students under FERPA’s “School Official” exception agrees that their access and/or maintenance of such records and information is subject to the direction and control of SCCPSS.

All parties accessing, controlling and sharing educational records and/or personally identifiable information of SCCPSS students will fully comply with the record keeping and privacy requirements of the Individuals with Disabilities Education Act (IDEA) when applicable.

All parties accessing, controlling and sharing educational records and/or personally identifiable information of SCCPSS students will fully comply with the Children’s Online Privacy Protection Act (COPPA).

All parties who access or control data and information for the benefit of SCCPSS recognize that their access and control of that data and information may be subject to the Georgia Open Records Act (GORA). All such parties agree to diligently cooperate with SCCPSS in order to ensure compliance with Georgia Open Records requests concerning such requests. GORA applies to SCCPSS own data and information and does NOT include 3rd party proprietary data/information or data that falls under FERPA.

Any party who stores educational records and/or personally identifiable information pertaining to SCCPSS students must not store those records or information outside the United States.

Any party who stores, transmits or shares educational records and/or personally identifiable information pertaining to SCCPSS students must meet industry appropriate strong encryption standards for all such storage, transmission or sharing.

Any party who stores educational records and/or personally identifiable information pertaining to SCCPSS students must completely and promptly destroy or return all such data when those materials are no longer needed for the purpose for which they were obtained or if otherwise directed to do so by SCCPSS.

SCCPSS is compliant with Georgia law, and all third parties recognize that SCCPSS is not permitted by law or policy to enter into indemnity and hold harmless agreements. Any contractual provision that purports to require SCCPSS to indemnify or hold harmless any party is VOID.

The choice of law applicable to any contractual arrangement pertaining to the accessing and sharing SCCPSS data and SCCPSS student data is Georgia law.

The expressly agreed venue for any legal dispute between SCCPSS and the vendor that concerns or arises out of this agreement or the accessing and sharing of SCCPSS student data by or through the vendor is Chatham County, Georgia.

Vendor:

Vendor Name

Vendor Street Address

Vendor City, State, Zip Code

Vendor Contact Name

Vendor Contact Title

Vendor SCCPSS

By: ________________________________ By: ________________________________

Name: _____________________________ Name: _____________________________

Title: ______________________________ Title: _______________________________

Date: ______________________________ Date: ______________________________