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Quinncia FERPA POLICY

This FERPA Confidentiality and Security Addendum (“Addendum”) is made to highlight some of the policy and guidelines that Quinncia (“Quinncia”) will adhere to when working with a university, (collectively, “Parties”). The purpose of this Addendum is to provide the terms under which Quinncia is required to maintain the confidentiality and security of any and all University records subject to the Family Educational Rights and Privacy Act, 20 U.S.C. §1232g (“FERPA”) which Quinncia will create, receive, or maintain on behalf of University pursuant to the agreement between Quinncia and University.

  • FERPA. The Parties understand and agree that:

    • As part of the work (“Work”) that Quinncia will provide pursuant to the Underlying Agreement, Quinncia is expected to create, receive or maintain, records or record systems from or on behalf of University that (a) are subject to FERPA or (b) contain personally identifiable information from “Education Records” as defined by and subject to FERPA (collectively, “FERPA Records”) namely: Student name and email. FERPA Records include all data in any form whatsoever, including electronic, written and machine readable form.

    • Notwithstanding any other provision of the Underlying Agreement, this Addendum or any other agreement, all FERPA Records created, received or maintained by Quinncia pursuant to the Underlying Agreement will remain the sole and exclusive property of University.

  • FERPA Compliance. In connection with all FERPA Records that Quinncia may create, receive or maintain on behalf of University pursuant to the Underlying Agreement, Quinncia is designated as a University Official with a legitimate educational interest in and with respect to such FERPA Records, only to the extent to which Quinncia (a) is required to create, receive or maintain FERPA Records to carry out the Underlying Agreement, and (b) understands and agrees to all of the following terms and conditions without reservation:

    • Prohibition on Unauthorized Use or Disclosure of FERPA Records: Quinncia will hold University FERPA Records in strict confidence. Quinncia will not use or disclose FERPA Records received from or on behalf of University, including any FERPA Records provided by a University student directly to Quinncia, except as permitted or required by the Underlying Agreement or this Addendum.

  • Maintenance of the Security of FERPA Records: Quinncia will use the administrative, technical and physical security measures, including secure encryption in the case of electronically maintained or transmitted FERPA Records.

    • Reporting of Unauthorized Disclosures or Misuse of FERPA Records and Information: Quinncia, within 30 days after discovery, will report to University any use or disclosure of FERPA Records not authorized by this Addendum. Quinncia’s report will identify: (i) the nature of the unauthorized use or disclosure, (ii) the FERPA Records used or disclosed, (iii) who made the unauthorized use or received the unauthorized disclosure, (iv) what Quinncia has done or will do to mitigate any deleterious effect of the unauthorized use or disclosure, and (v) what corrective action Quinncia has taken or will take to prevent future similar unauthorized use or disclosure. Quinncia will provide such other information, including written reports, as reasonably requested by University. For purposes of this Section 2.3, an unauthorized disclosure or use includes any access or use of an “Education Record” (as defined by FERPA) by a Quinncia employee or agent that the employee or agent does not require to perform Work or access by any employee or agent that does not involve the provision of Work.

    • Five Year Exclusion for Improper Disclosure of Education Records. Under the federal regulations implementing FERPA, improper disclosure or redisclosure of personally identifiable information from University’s “Education Records” (as defined by FERPA) by Quinncia or its employees or agents may result in Quinncia’s complete exclusion from eligibility to contract with University for at least five (5) years.

  • Secure Destruction of FERPA Records. Quinncia agrees that no later than 30 days after expiration or termination of the Underlying Agreement or this Addendum for any reason, or within thirty (30) days after University’s written request, Quinncia will halt all access, use, creation, or processing of FERPA Records and will Securely Destroy all FERPA Records, including any copies created by Quinncia and Quinncia will certify in writing to University that all FERPA records have been Securely Destroyed. “Securely Destroy” and “Securely Destroyed” mean shredding, erasing or otherwise modifying a record so as to make it unreadable or indecipherable.

  • Disclosure. Quinncia will restrict disclosure of FERPA Records solely to those employees, or agents of Quinncia that have a need to access the FERPA Records in order for Quinncia to perform its obligations under the Underlying Agreement or this Addendum. If Quinncia discloses any FERPA Records to a agent, Quinncia will require the agent to comply with restrictions and obligations that align with the restrictions and obligations imposed on Quinncia by the Underlying Agreement and this Addendum, including requiring each agent to agree to the same restrictions and obligations in writing.

  • Termination. This Addendum will remain in effect until the earlier of (a) expiration or termination of the Underlying Agreement, or (b) the date University terminates this Addendum by giving Quinncia sixty (60) days’ written notice of University’s intent to terminate. Sections 2, 3, 4, and 6 of this Addendum will survive expiration or termination of the Underlying Agreement and this Addendum.

  • Breach. In the event of a breach, threatened breach or intended breach of this Addendum by Quinncia, University (in addition to any other rights and remedies available to University at law or in equity) will be entitled to preliminary and final injunctions, enjoining and restraining such breach, threatened breach or intended breach.

  • Governing Law. The validity, construction, and performance of this Addendum are governed by the laws of the State of Massachusetts, and suit may be brought in Superior Court of Massachusetts in Middlesex County to enforce the terms of this Addendum.

  • Non­Assignment. The rights and obligations of the Parties under this Addendum may not be sold, assigned or otherwise transferred.

  • User right to personal data. A user might be able to share their own personal and non personal data with individuals outside of the university with any other institution or individual. Quinncia will not be responsible for this type of transaction.