Additional Commitments by State

Below are additional Data Processing Agreements for Seesaw users residing in certain US states and jurisdictions.

California

Seesaw agrees that, as per Cal. Edu. Code § 49073.1, commonly known as AB 1584:

(1) Pupil records continue to be the property of and under the control of the local educational agency;

(2) Seesaw will not use personally identifiable information in individual pupil records for commercial or advertising purposes;

(3) Seesaw will not use any information in the pupil record for any purpose other than for the requirements of the contract;

Seesaw agrees that, as per Cal. Edu. Code § 49073.1, commonly known as AB 1584:

(1) Pupil records continue to be the property of and under the control of the local educational agency;

(2) Seesaw will not use personally identifiable information in individual pupil records for commercial or advertising purposes;

(3) Seesaw will not use any information in the pupil record for any purpose other than for the requirements of the contract;

(4) Parents, legal guardians or eligible pupils may review the pupil’s records or correct erroneous information in those records by accessing the Seesaw account of the pupil;

(5) Seesaw undertakes extensive security training of all employees, including training on security at hire and at least annually thereafter, and a partial, but not exhaustive description of our data security practices can be found by reviewing: https://web.seesaw.me/privacy/

(6) Seesaw will comply with the requirements of California law, as set forth at Cal. Civ. Code § 1792.82 et seq., for informing affected parties in the event of an unauthorized disclosure of pupil records;

(7) Pupil records will neither be retained nor will Seesaw maintain those records in a manner that makes them available: (a) upon completion of the terms of the contract; (b) after request for deletion by the contracting party; and, (c) within a commercially reasonable period for deletion; and,

(8) at all times during the pendency of any contract between Seesaw and a local educational agency (LEA), Seesaw acts solely as a “school official” as that term is defined in the Family Educational Rights and Privacy Act, 20 U.S.C. § 1232g (FERPA), and will, therefore, facilitate the LEA’s compliance with FERPA as directed by the LEA.

If you are a California resident, please see here for more information about our practices and your rights with respect to your information.

 

Colorado

Seesaw complies with all applicable requirements of Colorado’s Student Data Transparency and Security Act, C.R.S. 22-16-101, et seq.

 

Connecticut

As an operator, as defined by Connecticut Public Act 16-189, Seesaw will:

(1) Implement and maintain security procedures and practices that meet or exceed industry standards and that are designed to protect student information, student records and student-generated content from unauthorized access, destruction, use, modification or disclosure;

(2) Delete any student information, student records or student-generated content within a reasonable amount of time if a student, parent or legal guardian of a student or local or regional board of education who has the right to control such student information requests the deletion of such student information, student records or student-generated content;

(3) Facilitate access to, and provide a means of correction of erroneous information within, a student’s record, student’s information or student-generated content by the student, parent or legal guardian; and

(4) At all times during the pendency of any contract between it and a local or regional board of education, act solely as a “school official” as that term is defined in the Family Educational Rights and Privacy Act, 20 U.S.C. § 1232g (FERPA), and will, therefore, facilitate the local or regional board of education’s compliance with FERPA as directed by the local or regional board of education.

Seesaw agrees that:

(1) Student information, student records and student-generated content are not the property of or under the control of Seesaw;

(2) The laws of the State of Connecticut will govern this contract and the rights and duties of Seesaw and a local or regional board of education;

(3) If any provision of this agreement is ruled invalid, the invalidity of that provision does not affect other provisions or applications of this contract

Seesaw will not knowingly:

(1) Engage in (A) targeted advertising on Seesaw's Internet web site, online service or mobile application, or (B) targeted advertising on any other Internet web site, online service or mobile application if such advertising is based on any student information, student records, student- generated content or persistent unique identifiers that Seesaw has acquired because of the use of Seesaw's Internet web site, online service or mobile application for school purposes;

(2) Collect, store and use student information, student records, student generated content or persistent unique identifiers for purposes other than the furtherance of school purposes;

(3) Sell, rent or trade student information, student records or student-generated content unless the sale is part of the purchase, merger or acquisition of an operator by a successor operator and the operator and successor operator continue to be subject to the provisions of this section regarding student information;

(4) Disclose student information, student records or student-generated content unless the disclosure is made (A) in furtherance of school purposes of the Internet web site, online service or mobile application, provided the recipient of the student information uses such student information to improve the operability and functionality of the Internet web site, online service or mobile application and complies with subsection (a) of this section; (B) to ensure compliance with federal or state law or regulations or pursuant to a court order; (C) in response to a judicial order; (D) to protect the safety or integrity of users or others, or the security of the Internet web site, online service or mobile application; (E) to an entity hired by the operator to provide services for the operator's Internet web site, online service or mobile application, provided the operator contractually (i) prohibits the entity from using student information, student records or student-generated content for any purpose other than providing the contracted service to, or on behalf of, the operator, (ii) prohibits the entity from disclosing student information, student records or student-generated content provided by the operator to subsequent third parties, and (iii) requires the entity to comply with subsection (a) of this section; or (F) for a school purpose or other educational or employment purpose requested by a student or the parent or legal guardian of a student, provided such student information is not used or disclosed for any other purpose; or

(5) retain or make available student information, student records or student-generated content beyond the expiration of the contract period unless a student, their parent or legal guardian chooses to maintain a contract with Seesaw.

If Seesaw discovers a breach of security that results in the unauthorized release, disclosure or acquisition of student information, student records or student-generated content, Seesaw will notify the students, parents or guardians of any affected student within the statutorily mandated time period.

 

Idaho

Seesaw will, as per the Student Data Accessibility, Transparency and Accountability Act of 2014, codified at Idaho Code 33-133:

(1) only use aggregated data or student’s data for secondary uses after receiving written permission from the student’s parent or guardian; and

(2) notify customers and seek express, written parental consent if Seesaw materially changes Seesaw’s use of student data for sales, marketing or advertising.

Illinois

Seesaw complies with all applicable requirements of the Illinois Student Online Personal Information Privacy Act (IL SOPIPA), codified at 105 ILCS 85/5, and agrees that: 

(1) this document constitutes the written agreement mandated by that Act, and that this document, which incorporates Seesaw's Privacy Policy available at https://web.seesaw.me/privacy/, states the:

(a) Categories or type of information to be provided to Seesaw, the operator; and

(b) Service being offered to the contracting party. 

(2) Pursuant to the federal Family Educational Rights and Privacy Act of 1974, Seesaw is acting as a school official with a legitimate educational interest and is performing an institutional service or function for which the contracting party would otherwise use employees, under the direct supervision of the school, with respect to the use and maintenance of covered information, and is using the covered information only for an authorized purpose and may not redisclose it to third parties or affiliates, unless otherwise permitted by the IL SOPIPA, without permission from the contracting party or pursuant to court order;

(3) Seesaw will be liable for costs associated with the investigating and remediating a breach for which it is the sole and proximate cause; 

(4) Seesaw will either delete or return, within a commercially reasonable period of time but not to exceed 60 days, all covered information upon the expiration of any agreement when requested to do so by notification from the contracting party;

(5) Seesaw will require the contracting party to publish notice of this agreement on any relevant website, if any, maintained by the contracting party;

(6) In the case of a breach, Seesaw will notify the contracting party, within the most expedient time possible and without unreasonable delay, but no later than 30 days after the breach has occurred of any breach of the students' covered information; and,

(7) Seesaw maintains a list of those third parties or affiliates with which it shares covered information, which may be accessed here: https://help.seesaw.me/hc/en-us/articles/360002362152-Who-are-Seesaw-s-subprocessors-.

Louisiana

Seesaw will, as per Louisiana’s Student Privacy Law, codified at R.S. 17:3914:

(1) limit access to student information solely to authorized Seesaw employees and subcontractors who agreed to abide by equally stringent privacy practices pursuant to a data security plan;

(2) employ privacy practices that meet or exceed industry standards regarding student data including, but not limited to: (a) privacy compliance requirements; (b) regular privacy and security audits; (c) written breach planning, notification and remediation action guides; (d) implementing policies limiting data collection and storage coupled with clear policies limiting data retention and establishing set timeframes for post-contract disposition and data disposal; and,

(3) return all student data not deleted as per agreement to the relevant city, parish or local school board upon written request.

 

Montana

Seesaw complies with all applicable requirements of the Montana Pupil Online Personal Information Protection Act, codified at 20-7-13, MCA and Seesaw agrees that: 

(1) Pupil records continue to be the property of and under the control of the school district;

(2) Pupils may retain possession and control of their own content and may transfer pupil-generated content to a personal account by utilizing Seesaw's features;

(3) Seesaw prohibits third parties from using any information in pupil records for any purpose other than those required or specifically permitted by contract;

(4) A parent, legal guardian, or eligible pupil may review personally identifiable information in the pupil's records and correct erroneous information by using tools made available by Seesaw;

(5) Seesaw’s commitments to data privacy and data security outlined in its Privacy Policy and, in part, at https://web.seesaw.me/privacy/ are incorporated into this agreement. Further, Seesaw will:

(a) implement and maintain security procedures and practices that meet or exceed industry standards and that are designed to protect student information, student records and student-generated content from unauthorized access, destruction, use, modification or disclosure;

(b) limit access to student information solely to authorized Seesaw employees and subcontractors who agreed to abide by equally stringent privacy practices pursuant to a data security plan; 

(c) employ privacy practices that meet or exceed industry standards regarding student data including, but not limited to: (i) privacy compliance requirements; (ii) regular privacy and security audits; (iii) written breach planning, notification and remediation action guides; (iv) implementing policies limiting data collection and storage coupled with clear policies limiting data retention and establishing set timeframes for post-contract disposition and data disposal;

(6) If Seesaw discovers a breach of security that results in the unauthorized release, disclosure or acquisition of student information, student records or student-generated content, Seesaw will notify the students, parents or guardians of any affected student within the statutorily mandated time period;

(7) At all times during the pendency of any contract between Seesaw and a local educational agency (LEA), Seesaw acts solely as a “school official” as that term is defined in the Family Educational Rights and Privacy Act, 20 U.S.C. § 1232g (FERPA), and will, therefore, facilitate the LEA’s compliance with FERPA as directed by the LEA; and,

(8) Seesaw will not use information contained in pupil records to engage in targeted advertising.

Nevada

Seesaw agrees, as per N.R.S. 388.272, that:

(1) Seesaw’s commitments to data privacy and data security outlined in its Privacy Policy and, in part, at https://web.seesaw.me/privacy/ are incorporated into this agreement; and,

(2) Seesaw faces potential liability as a penalty for intentional or grossly negligent noncompliance with this contract, including termination of the contract and responsibility for paying monetary damages for any breach of the terms of this contract that causes actual harm to the contracting party.

New York

New York’s Parents Bill of Rights for Data Privacy and Security is incorporated into this agreement and Seesaw agrees that:

(1) Seesaw will not sell or release a student’s personally identifiable information for any commercial purpose; 

(2) Parents have the right to inspect and review the complete contents of their child's education record that is shared with or collected by Seesaw;

(3) Seesaw complies with all applicable state and federal laws that protect the confidentiality of personally identifiable information, and employs data security safeguards associated with industry standards and best practices, including but not limited to, encryption, firewalls, and password protection, both when data is stored at rest or is transferred;

(4) Seesaw maintains a publicly available list in its Privacy Policy of all student data elements collected by Seesaw;

(5) Seesaw will promptly address any complaints about possible breaches of student data submitted to https://help.seesaw.me/hc/en-us/requests/new or mailed to:

 Seesaw
180 Montgomery St. Suite 750
San Francisco, CA 94104

 (6) Seesaw will exclusively utilize the student data, teacher data, or principal data to provide account holders with the Seesaw service;

 (7) All subcontractors for Seesaw that may access personally identifiable information of students, teachers, principals or other faculty are contractually required by Seesaw to employ data privacy and security practices that provide at least a commensurate level of protection for that data as does Seesaw;

(8) Seesaw will either delete or return, within a commercially reasonable period of time but not to exceed 60 days, all personally identifiable information upon the expiration of any agreement when requested to do so by notification from the contracting party;

(9) Any parent, student, eligible student, teacher or principal may correct inaccurate student data or teacher or principal data that is collected; and 

(10) All student data or teacher or principal data will be stored on cloud servers within the United States and protected with industry standard and best practices procedures, including encryption when stored at rest.

 

North Carolina

Seesaw agrees, as per NC General Statutes § 115C-402.5(b)(6):

(1) Seesaw’s commitments to data privacy and data security outlined in its Privacy Policy and, in part, at https://web.seesaw.me/privacy/ are incorporated into this agreement; and,

(2) Seesaw faces potential liability as a penalty for intentional or grossly negligent noncompliance with this contract, including termination of the contract and responsibility to pay monetary damages for any breach of the terms of this contract that cause actual harm to the contracting party.

Seesaw makes the following additional commitments:

(1) JESSICA LUNSFORD ACT – Seesaw certifies that none of its employees or agents performing services are or will at any point during the Term of this Agreement be listed as a sex offender on the North Carolina Sex Offender and Public Protection Registration Program, the Sexually Violent Predator Registration Program and/or the National Sex Offender Registry.

(2) ELIGIBILITY OF EMPLOYMENT  – Seesaw reviews the eligibility for employment of every Seesaw employee.

(3) IRAN DIVESTMENT - Seesaw certifies that it is not listed on the Final Divestment List created by the State Treasurer pursuant to N.C.G.S. §147-86.58, the Iran Divestment Act of 2015 (S.L. 2015-118). 

(4) DEBARMENT CERTIFICATION – Seesaw certifies that neither Seesaw nor its principals are suspended or debarred from doing business with the state of North Carolina or the federal government.

 

Oklahoma

Seesaw agrees, as per the Oklahoma Student Data Accessibility, Transparency and Accountability Act of 2013, codified at 70 OK Stat § 70-3-168 (2014) that:

(1) Seesaw’s commitments to data privacy and data security outlined in its Privacy Policy and, in part, at https://web.seesaw.me/privacy/ are incorporated into this agreement; and,

(2) Seesaw faces potential liability as a penalty for intentional or grossly negligent noncompliance with this contract, including termination of the contract and responsibility to pay monetary damages for any breach of the terms of this contract that cause actual harm to the contracting party.

 

Texas

Seesaw commits, as per Tex. Gen. Gov. § 2270.002, that Seesaw:

(1) does not boycott Israel; and

(2) will not boycott Israel during the term of the contract.

 

West Virginia

Seesaw agrees, as per the West Virginia Student Data Accessibility, Transparency and Accountability Act, codified at W.V. Code § 18-2-5h that:

(1) Seesaw’s commitments to data privacy and data security outlined in its Privacy Policy and, in part, at https://web.seesaw.me/privacy/ are incorporated into this agreement; and,

(2) Seesaw faces potential liability as a penalty for intentional or grossly negligent noncompliance with this contract, including termination of the contract and responsibility to pay monetary damages for any breach of the terms of this contract that cause actual harm to the contracting party.