FERPA Records Clause Samples
FERPA Records. If Olark creates, accesses, transmits or stores Personal Information that is subject to the Family Educational Rights and Privacy Act ("FERPA"), 20 U.S.C. Section 1232g ("FERPA Records"), Olark acknowledges and agrees that Olark is under the direct control of Customer with respect to the use and maintenance of the FERPA records and further represents, warrants, and agrees that it will (i) hold the FERPA Records in strict confidence and will not use or disclose the FERPA Records except as permitted or required by the Services Agreement, required by law, or otherwise authorized by Customer in writing; (ii) safeguard the FERPA Records according to commercially reasonable administrative, physical and technical standards that are no less rigorous than the standards by which Olark protects its own comparable confidential information; (iii) continually monitor its operations and take any action necessary to assure that the FERPA Records are safeguarded in accordance with the terms of the Services Agreement and this DPA; (iv) not read the contents of any FERPA Records, and restrict access by Olarkʼs employees to FERPA records, except as necessary to provide, repair, and maintain the Services, process the transactions, or store the data as required under the Services Agreement; (v) use and retain FERPA Records only for the purposes for which they were intended; and (vi) at the request of Customer, provide Customer with a written summary of the procedures Olark uses to safeguard the FERPA Records. For the purposes of performing the services to be provided hereunder only, Olark shall be identified by Customer as a school official with a legitimate educational interest in any FERPA Records created, accessed, transmitted, or stored by Olark.
FERPA Records. If Company creates, accesses, transmits or stores Villanova Data that is subject to the Family Educational Rights and Privacy Act ("FERPA"), 20 U.S.C. Section 1232g ("FERPA Records"), Company acknowledges and agrees that Company is under the direct control of Villanova with respect to the use and maintenance of the FERPA records and further represents, warrants, and agrees that it will:
1. hold the FERPA Records in strict confidence and will not use or disclose the FERPA Records except as permitted or required by the Agreement, required by law, or otherwise authorized by ▇▇▇▇▇▇▇▇▇ in writing;
2. safeguard the FERPA Records according to commercially reasonable administrative, physical and technical standards that are no less rigorous than the standards by which Company protects its own comparable confidential information;
3. continually monitor its operations and take any action necessary to assure that the FERPA Records are safeguarded in accordance with the terms of the Agreement and this Addendum;
4. not read the contents of any FERPA Records, and restrict access by Company’s employees to FERPA records, except as necessary to process the transactions or store the data as required under the Agreement;
5. use and retain FERPA Records only for the purposes for which they were intended; and
6. at the request of ▇▇▇▇▇▇▇▇▇, provide Villanova with a written summary of the procedures Company uses to safeguard the FERPA Records.