Common use of Reports and Notifications of Breach and Unauthorized Release Clause in Contracts

Reports and Notifications of Breach and Unauthorized Release. Pear Deck acknowledges and agrees that, pursuant to New York Education Law Section 2-d, it must (a) promptly notify School of any breach or unauthorized release of Personally Identifiable Information in the most expedient way possible and without unreasonable delay but no more than seven calendar days after the discovery of such breach and otherwise in accordance with New York Education Law Section 2-d; (b) must cooperate with School and law enforcement to protect the integrity of investigations into the such breach or unauthorized release of Personally Identifiable Information; and (c) pay for or promptly reimburse School for the full cost of notifying a parent, eligible student, teacher, or principal of an unauthorized release of Personally Identifiable Information attributed to ▇▇▇▇ ▇▇▇▇. For avoidance of doubt, this Rider is solely between the Parties and shall have no effect upon the Terms for any other individual or entity subject to such Terms. All other provisions in the Terms remain in full force and effect. If any provision of this Rider is invalid or unenforceable, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect. To the extent that the terms of this Rider conflict with the Bill of Rights, the terms of this Rider shall control. Any violation or breach of this Rider shall, except as otherwise prohibited by law, be subject to all disclaimers and limitations on liability as set forth in the Terms. [Remainder of Page Left Intentionally Blank; Signature Page Follows] For and on behalf of Liverpool Central School District (“School”) Signature: Name: Dated: For and on behalf of Pear Deck, Inc. (“Pear Deck”) Signature: Name: Dated: Please see Privacy Policy listing the exclusive purposes for which the Student Data (and, to the extent that Pear Deck maintains any Teacher or Principal Data to the extent that Pear Deck maintains such data) will be used by Pear Deck). Please see Pear Deck’s Data Privacy and Security Plan, incorporated herein as Schedule 3, for a description of how Pear Deck will help ensure that the subcontractors, or other authorized persons or entities to which Pear Deck will disclose Student Data (and, to the extent that Pear Deck maintains any Teacher or Principal Data, any Teacher or Principal Data). Upon request by School, School may request Pear Deck to transfer and/or deidentify the School’s Student Data (and, to the extent that Pear Deck maintains any Teacher or Principal Data, any Teacher or Principal Data), back to the School. Pear Deck will act upon a School’s documented instruction to transfer and/or deidentify the School’s Student Data (and any Teacher or Principal Data) to the School and take reasonable efforts to complete such requests in a commercially reasonable amount of time. Please see Privacy Policy listing for how a student may challenge the accuracy of Student Data (and, to the extent that Pear Deck maintains any Teacher or Principal Data to the extent that Pear Deck maintains such data how a teacher or principal may challenge the accuracy of Teacher or Principal Data). ● Student Data (and, to the extent that Pear Deck maintains any Teacher or Principal Data, any Teacher or Principal Data) will be stored in industry-leading databases. ○ Student Data (and, to the extent that Pear Deck maintains any Teacher or Principal Data, any Teacher or Principal Data) will be protected using encryption in motion via SSL and at rest. [Remainder of Page Left Intentionally Blank] [School to insert its Parent Bill of Rights] EXHIBIT A - Education Law §2-d Bill of Rights for Data Privacy and Parents (including legal guardians or persons in parental relationships) and Eligible Students (students 18 years and older) can expect the following: 1. A student’s personally identifiable information (PII) cannot be sold or released for any Commercial or Marketing purpose. PII, as defined by Education Law § 2-d and the Family Educational Rights and Privacy Act ("FERPA"), includes direct identifiers such as a student’s name or identification number, parent’s name, or address; and indirect identifiers such as a student’s date of birth, which when linked to or combined with other information can be used to distinguish or trace a student’s identity. Please see FERPA’s regulations at 34 CFR 99.3 for a more complete definition. 2. The right to inspect and review the complete contents of the student’s education record stored or maintained by an educational agency. This right may not apply to Parents of an Eligible Student. 3. State and federal laws such as Education Law § 2-d; the Commissioner of Education’s Regulations at 8 NYCRR Part 121, FERPA at 12 U.S.C. 1232g (34 CFR Part 99); Children's Online Privacy Protection Act ("COPPA") at 15 U.S.C. 6501-6502 (16 CFR Part 312); Protection of Pupil Rights Amendment ("PPRA") at 20 U.S.C. 1232h (34 CFR Part 98); and the Individuals with Disabilities Education Act (“IDEA”) at 20 U.S.C. 1400 et seq. (34 CFR Part 300); protect the confidentiality of a student’s identifiable information. 4. Safeguards associated with industry standards and best practices including, but not limited to, encryption, firewalls and password protection must be in place when student PII is stored or transferred. 5. A complete list of all student data elements collected by NYSED is available at 6. The right to have complaints about possible breaches and unauthorized disclosures of PII addressed. (i) Complaints should be submitted to the EA at: ▇▇▇▇▇▇▇▇@▇▇▇▇▇▇▇▇▇.▇▇▇.▇▇.▇▇. (ii) Complaints may also be submitted to the NYS Education Department at ▇▇▇.▇▇▇▇▇.▇▇▇/▇▇▇▇-▇▇▇▇▇▇▇-▇▇▇▇▇▇▇▇/▇▇▇▇▇▇-▇▇▇▇▇▇▇▇-▇▇▇▇▇▇▇▇▇▇, by mail to: Chief Privacy Officer, New York State Education Department, ▇▇ ▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇; by email to ▇▇▇▇▇▇▇@▇▇▇▇▇.▇▇▇; or by telephone at ▇▇▇-▇▇▇-▇▇▇▇.

Reports and Notifications of Breach and Unauthorized Release. Pear Deck Contractor acknowledges and agrees that, pursuant to New York Education Law Section 2-d, it must (a) promptly notify School of any breach or unauthorized release of Personally Identifiable Information in the most expedient way possible and without unreasonable delay but no more than seven calendar days after the discovery of such breach and otherwise in accordance with New York Education Law Section 2-d; (b) must cooperate with School and law enforcement to protect the integrity of investigations into the such breach or unauthorized release of Personally Identifiable Information; and (c) pay for or promptly reimburse School for the full cost of notifying a parent, eligible student, teacher, or principal of an unauthorized release of Personally Identifiable Information attributed to ▇▇▇▇ ▇▇▇▇Contractor. For avoidance of doubt, this Rider is solely between the Parties and shall have no effect upon the Terms for any other individual or entity subject to such Terms. All other provisions in the Terms remain in full force and effect. If any provision of this Rider is invalid or unenforceable, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect. To the extent that the terms of this Rider conflict with the Bill of Rights, the terms of this Rider shall control. Any violation or breach of this Rider shall, except as otherwise prohibited by law, be subject to all disclaimers and limitations on liability as set forth in the Terms. [Remainder of Page Left Intentionally Blank; Signature Page Follows] For and on behalf of Liverpool ▇▇▇▇▇▇▇▇ Central School District (“School”) Signature: Name: Dated: For and on behalf of Pear DeckLiminex, Inc. dba GoGuardian, and acting on behalf of itself and its Affiliates (“Pear DeckContractor”) SignatureName: ▇▇▇▇▇▇ ▇▇▇▇▇▇▇ Dated: 9/14/23 Name: Dated: ▇▇▇▇▇ ▇▇▇▇▇▇▇ 9/14/2023 Please see Product Privacy Policy listing the exclusive purposes for which the Student Data (and, to the extent that Pear Deck Contractor maintains any Teacher or Principal Data to the extent that Pear Deck Contractor maintains such data) will be used by Pear DeckContractor). Please see Pear DeckContractor’s Data Privacy and Security Plan, incorporated herein as Schedule 3, for a description of how Pear Deck Contractor will help ensure that the subcontractors, or other authorized persons or entities to which Pear Deck Contractor will disclose Student Data (and, to the extent that Pear Deck Contractor maintains any Teacher or Principal Data, any Teacher or Principal Data). Upon request by The duration of the contract between School and Contractor is found on the applicable Order Form between Contractor and School, School may request Pear Deck . Please see Product Privacy Policy for a description of what will happen to transfer and/or deidentify the School’s Student Data (and, to the extent that Pear Deck Contractor maintains any Teacher or Principal Data, any Teacher or Principal Data), back unless otherwise agreed to the School. Pear Deck will act upon a School’s documented instruction to transfer and/or deidentify the School’s Student Data (and any Teacher or Principal Data) to the in writing between School and take reasonable efforts to complete such requests in a commercially reasonable amount of timeContractor. Please see Product Privacy Policy listing for how a student may challenge the accuracy of Student Data (and, to the extent that Pear Deck Contractor maintains any Teacher or Principal Data to the extent that Pear Deck Contractor maintains such data how a teacher or principal may challenge the accuracy of Teacher or Principal Data). ● Student Data (and, to the extent that Pear Deck Contractor maintains any Teacher or Principal Data, any Teacher or Principal Data) will be stored in industry-leading databases. ○ Student Data (and, to the extent that Pear Deck Contractor maintains any Teacher or Principal Data, any Teacher or Principal Data) will be protected using encryption in motion via SSL and at rest. [Remainder of Page Left Intentionally Blank] [School to insert its Parent Bill of Rights] EXHIBIT A - The ▇▇▇▇▇▇▇▇ Central School District is committed to protecting the privacy and security of student data and teacher and principal data. In accordance with New York Education Law §Section 2-d Bill and its implementing regulations, the District informs the school community of Rights for Data Privacy and Parents (including legal guardians or persons in parental relationships) and Eligible Students (students 18 years and older) can expect the following: 1. A student’s 's personally identifiable information (PII) cannot be sold or released for any Commercial or Marketing purpose. PII, as defined by Education Law § 2-d and the Family Educational Rights and Privacy Act ("FERPA"), includes direct identifiers such as a student’s name or identification number, parent’s name, or address; and indirect identifiers such as a student’s date of birth, which when linked to or combined with other information can be used to distinguish or trace a student’s identity. Please see FERPA’s regulations at 34 CFR 99.3 for a more complete definitioncommercial purposes. 2. The Parents have the right to inspect and review the complete contents of the student’s their child's education record stored or maintained by an educational agency. This right may not apply to Parents of an Eligible Studentrecord. 3. State and federal laws such as Education Law § 2-d; the Commissioner of Education’s Regulations at 8 NYCRR Part 121, FERPA at 12 U.S.C. 1232g (34 CFR Part 99); Children's Online Privacy Protection Act ("COPPA") at 15 U.S.C. 6501-6502 (16 CFR Part 312); Protection of Pupil Rights Amendment ("PPRA") at 20 U.S.C. 1232h (34 CFR Part 98); and the Individuals with Disabilities Education Act (“IDEA”) at 20 U.S.C. 1400 et seq. (34 CFR Part 300); protect the confidentiality of a student’s personally identifiable information. 4. Safeguards , and safeguards associated with industry standards and best practices includingpractices, including but not limited to, to encryption, firewalls firewalls, and password protection protection, must be in place when student PII data is stored or transferred. 54. A complete list of all student data elements collected by NYSED New York State is available at 6. The right to have complaints about possible breaches and unauthorized disclosures of PII addressed. (i) Complaints should be submitted to for public review at the EA at: following website ▇▇▇▇▇▇▇▇@▇▇▇▇▇▇▇▇▇.▇▇▇.▇▇.▇▇. (ii) Complaints may also be submitted to the NYS Education Department at ://▇▇▇.▇▇▇▇▇.▇▇▇/student-data-privacy/student-data-inventory or by writing to the Office of Information and Reporting Services, New York State Education Department, Room ▇▇▇ ▇▇▇, ▇-▇▇▇▇▇▇▇-▇▇▇▇▇▇▇▇/▇▇▇▇▇▇-▇▇▇▇▇▇▇▇-▇ ▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇, by mail to: ▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇. 5. Parents have the right to have complaints about possible breaches of student data addressed. Complaints should be directed in writing to Privacy Complaint, Chief Privacy Officer, New York State Education Department, ▇▇ ▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇; by email to . Complaints may also be submitted using the form available at the following website ▇▇▇▇://▇▇▇@.▇▇▇▇▇.▇▇▇; or by telephone at ▇▇▇/student-▇▇▇data-▇▇▇▇privacy/form/report-improper-disclosure.

Reports and Notifications of Breach and Unauthorized Release. Pear Deck Contractor acknowledges and agrees that, pursuant to New York Education Law Section 2-d, it must (a) promptly notify School of any breach or unauthorized release of Personally Identifiable Information in the most expedient way possible and without unreasonable delay but no more than seven calendar days after the discovery of such breach and otherwise in accordance with New York Education Law Section 2-d; (b) must cooperate with School and law enforcement to protect the integrity of investigations into the such breach or unauthorized release of Personally Identifiable Information; and (c) pay for or promptly reimburse School for the full cost of notifying a parent, eligible student, teacher, or principal of an unauthorized release of Personally Identifiable Information attributed to ▇▇▇▇ ▇▇▇▇Contractor. For avoidance of doubt, this Rider is solely between the Parties and shall have no effect upon the Terms for any other individual or entity subject to such Terms. All other provisions in the Terms remain in full force and effect. If any provision of this Rider is invalid or unenforceable, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect. To the extent that the terms of this Rider conflict with the Bill of Rights, the terms of this Rider shall control. Any violation or breach of this Rider shall, except as otherwise prohibited by law, be subject to all disclaimers and limitations on liability as set forth in the Terms. [Remainder of Page Left Intentionally Blank; Signature Page Follows] For and on behalf of Liverpool ▇▇▇▇▇▇ Valley Central School District (“School”) Signature: Name: _▇▇▇▇▇▇▇ ▇▇▇ Dated: December 19, 2023 For and on behalf of Pear DeckLiminex, Inc. dba GoGuardian, and acting on behalf of itself and its Affiliates (“Pear DeckContractor”) Signature: Name: _Caryn ▇▇▇▇▇▇▇ Dated: _1/4/2024 Please see Product Privacy Policy listing the exclusive purposes for which the Student Data (and, to the extent that Pear Deck Contractor maintains any Teacher or Principal Data to the extent that Pear Deck Contractor maintains such data) will be used by Pear DeckContractor). Please see Pear DeckContractor’s Data Privacy and Security Plan, incorporated herein as Schedule 3, for a description of how Pear Deck Contractor will help ensure that the subcontractors, or other authorized persons or entities to which Pear Deck Contractor will disclose Student Data (and, to the extent that Pear Deck Contractor maintains any Teacher or Principal Data, any Teacher or Principal Data). Upon request by The duration of the contract between School and Contractor is found on the applicable Order Form between Contractor and School, School may request Pear Deck . Please see Product Privacy Policy for a description of what will happen to transfer and/or deidentify the School’s Student Data (and, to the extent that Pear Deck Contractor maintains any Teacher or Principal Data, any Teacher or Principal Data), back unless otherwise agreed to the School. Pear Deck will act upon a School’s documented instruction to transfer and/or deidentify the School’s Student Data (and any Teacher or Principal Data) to the in writing between School and take reasonable efforts to complete such requests in a commercially reasonable amount of timeContractor. Please see Product Privacy Policy listing for how a student may challenge the accuracy of Student Data (and, to the extent that Pear Deck Contractor maintains any Teacher or Principal Data to the extent that Pear Deck Contractor maintains such data how a teacher or principal may challenge the accuracy of Teacher or Principal Data). ● Student Data (and, to the extent that Pear Deck Contractor maintains any Teacher or Principal Data, any Teacher or Principal Data) will be stored in industry-leading databases. ○ Student Data (and, to the extent that Pear Deck Contractor maintains any Teacher or Principal Data, any Teacher or Principal Data) will be protected using encryption in motion via SSL and at rest. [Remainder of Page Left Intentionally Blank] [School to insert its Parent Bill of Rights] EXHIBIT A - Education Law §2-d Bill of Rights for Data Privacy and Security Parents (including legal guardians or persons in parental relationships) and Eligible Students (students 18 years and older) can expect the following: 1. A student’s personally identifiable information (PII) cannot be sold or released for any Commercial or Marketing purpose. PII, as defined by Education Law § 2-d and the Family Educational Rights and Privacy Act ("FERPA"), includes direct identifiers such as a student’s name or identification number, parent’s name, or address; and indirect identifiers such as a student’s date of birth, which when linked to or combined with other information can be used to distinguish or trace a student’s identity. Please see FERPA’s regulations at 34 CFR 99.3 for a more complete definition. 2. The right to inspect and review the complete contents of the student’s education record stored or maintained by an educational agency. This right may not apply to Parents of an Eligible Student. 3. State and federal laws such as Education Law § 2-d; the Commissioner of Education’s Regulations at 8 NYCRR Part 121, FERPA at 12 U.S.C. 1232g (34 CFR Part 99); Children's Online Privacy Protection Act ("COPPA") at 15 U.S.C. 6501-6501- 6502 (16 CFR Part 312); Protection of Pupil Rights Amendment ("PPRA") at 20 U.S.C. 1232h (34 CFR Part 98); and the Individuals with Disabilities Education Act (“IDEA”) at 20 U.S.C. 1400 et seq. (34 CFR Part 300); protect the confidentiality of a student’s identifiable information. 4. Safeguards associated with industry standards and best practices including, but not limited to, encryption, firewalls and password protection must be in place when student PII is stored or transferred. 5. A complete list of all student data elements collected by NYSED is available atat ▇▇▇.▇▇▇▇▇.▇▇▇/▇▇▇▇-▇▇▇▇▇▇▇- security/student-data-inventory and by writing to: Chief Privacy Officer, New York State Education Department, ▇▇ ▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇. 6. The right to have complaints about possible breaches and unauthorized disclosures of PII addressed. (i) Complaints should be submitted to the EA at: ▇▇▇▇▇▇▇ ▇. ▇▇@▇, Director of Technology, ▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇, ▇▇▇▇▇▇ ▇▇▇▇▇▇, NY 10579; (▇▇▇▇@▇▇▇▇▇.▇▇▇.▇▇.▇▇. ) (ii) Complaints may also be submitted to the NYS Education Department at ▇▇▇.▇▇▇▇▇.▇▇▇/▇▇▇▇- privacy-▇▇▇▇▇▇▇security/report-▇▇▇▇▇▇▇▇/▇▇▇▇▇▇improper-▇▇▇▇▇▇▇▇-▇▇▇▇▇▇▇▇▇▇disclosure, by mail to: Chief Privacy Officer, New York State Education Department, ▇▇ ▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇; by email to ▇▇▇▇▇▇▇@▇▇▇▇▇.▇▇▇; or by telephone at ▇▇▇-▇▇▇-▇▇▇▇.