FERPA Compliance Addendum
THESE ADDITIONAL TERMS PERTAIN TO EDUCATIONAL INSTITUTIONS SUBJECT TO THE FAMILY EDUCATIONAL RIGHTS AND PRIVACY ACT ("FERPA ADDENDUM"). YOUR EXECUTION OF A CUSTOMER ORDER FOR SERVICES (A “SERVICE AGREEMENT”) CONSTITUTES AN AGREEMENT TO BE BOUND BY THESE ADDITIONAL TERMS. YOU ACKNOWLEDGE AND AGREE THAT SILAS HAS THE RIGHT TO ESTABLISH TERMS FOR THE CONTINUED USE OF OUR SERVICES. ACCORDINGLY, SILAS RESERVES THE RIGHT TO MODIFY THESE TERMS FROM TIME TO TIME WITH OR WITHOUT NOTICE TO YOU. YOU AGREE THAT YOUR USE OF SILAS SERVICES CONSTITUTES YOUR AGREEMENT TO ANY SUCH MODIFICATION. IN THE EVENT OF ANY CONFLICT BETWEEN THE SILAS TERMS OF USE AND OTHER ADDITIONAL AGREEMENTS AND THIS FERPA ADDENDUM, THE TERMS OF THIS FERPA ADDENDUM SHALL CONTROL.

1. Control of Data
   SILAS, in its role as a vendor to educational and behavior agencies and institutions (“Customers”), receives disclosures from the Customers of personally identifiable information (PII) and protected health information (PHI) contained in student records. Only information that is needed for SILAS to perform services outsourced to it by the Customer are disclosed to SILAS. These disclosures are authorized under the Family Educational Rights and Privacy Act (FERPA), a federal statute that regulates the privacy of student records by educational agencies that receive financial assistance from the U.S. Department of Education. SILAS, as a contractor to the Customer, receives the disclosures on the same basis as school or employee officials employed by the Customer, consistent with FERPA regulations. Consistent with those regulations, SILAS has a legitimate educational interest in the information to which it is given access because the information is needed to perform the outsourced service, and SILAS is under the direct control of the Customer in using and maintaining the disclosed education records, consistent with the terms of its contract.
   
   SILAS is subject to the same conditions on use and re-disclosure of education records that govern all school officials, as provided in 34 CFR §99.33. In particular, SILAS will ensure that only individuals that it employs or that are employed by its contractor or vendors, with legitimate educational interests - consistent with the purposes for which SILAS obtained the information -- obtain access to PII and PHI from education records it maintains on behalf of the Customer. Further, SILAS will not re-disclose PII or PHI without consent of a parent or an eligible student (meaning a student who is 18 years old or above or is enrolled in postsecondary education) unless the Customer has authorized the re-disclosure under a FERPA exception, and the Customer records the subsequent disclosure. An example of such a disclosure is when SILAS is requested by a Customer to assist the Customer in the transfer of the student records from our system to another system.
   
   SILAS will not sell or otherwise use or re-disclose education records for targeted advertising or marketing purposes. SILAS uses data within its products only to deliver the services contracted by Customers. Notwithstanding anything to the contrary contained in this Addendum or the SILAS Terms of Use, SILAS may use protected health information and personally identifiable information to create de-identified data retaining any and all ownership claims related to the de-identified data it creates from protected health information and personally identifiable information. SILAS may use, during and after the termination of the Service Agreement, all aggregated de-identified information, and de-identified data for purposes of enhancing the Services, technical support, analytics, reporting, and research and development, all in compliance with FERPA, including without limitation the limited data set and de-identification of information regulations.
2. Changes to Customer Data
   SILAS does not own any of the student data or district-created data within its products. The data within the products are property of, and under the control of the Customer. The collection, input, use, retention, disposal, and disclosure of any information in our software applications are controlled solely by the Customer who license our products. SILAS does not delete, change, or disclose any information from our software applications controlled by the Customer unless SILAS receives a written and signed statement of work requesting such action, or upon termination of the Service Agreement. Students who wish to retain possession and control of their own pupil-generated content should contact the Customer. If the Customer is unable to fulfil the request of the student, SILAS can assist at the direction and expense of the Customer. Any requests sent directly to SILAS will be disclosed to the Customer to respond to as the Customer determines is appropriate. In the event any third party (including the eligible student or parent/guardian of the eligible student) seeks to access education records, SILAS will inform the Customer of such request in writing. SILAS shall not provide access to such data or information or respond to such requests unless compelled to do so by court order or lawfully issued subpoena from any court of competent jurisdiction or directed in writing to do so by the Customer. Should SILAS receive a court order or lawfully issued subpoena seeking the release of such data or information, SILAS shall provide notification, along with a copy thereof, to the Customer prior to releasing the requested data or information, unless such notification is prohibited by law or judicial and/or administrative order or subpoena.
   
   If the Customer is unable to fulfil a request of an eligible student or parent/guardian to review the student's records, SILAS can assist at the direction and expense of the Customer. In such an event where a parent, legal guardian, or eligible student seeks to make changes to the data within our products parents, legal guardians, or eligible students shall follow the procedures established by the Customer in accordance with FERPA. Generally these procedures establish the right to request an amendment of the student's education records that the parent or eligible student believes is inaccurate, misleading, or otherwise in violation of the student's privacy rights under FERPA. Parents or eligible students who wish to ask the Customer to amend their child's or their education record should write a Customer official (often a Principal or Superintendent), clearly identify the part of the record they want changed, and specify why it should be changed. If the Customer decides not to amend the record as requested by the parent or eligible student, the Customer will notify the parent or eligible student of the decision and of their right to a hearing regarding the request for amendment. Additional information regarding the hearing procedures would be provided to the parent or eligible student when notified of the right to a hearing. SILAS will not make determinations of whether records should be edited or otherwise changed, and will defer any decision on such changes to Customer.
3. Security at SILAS
   SILAS employs technological and operational measures to ensure data security and privacy, maintains comprehensive security policies and provides security training for its employees, and is hosted on Amazon Web Services. Any information subject to this FERPA Addendum shall be safeguarded in accordance with the Service Agreement, including this FERPA Addendum and SILAS’s Privacy Policy.