Education User Agreement
This Education User Agreement (“Agreement”) supplements the Terms of Service. It applies when an adult account holder uses BuzzKit for a school, district, educational organization, class, or child-directed learning activity (“School”).
1. Authority and permitted use
The accepting user represents that they are at least 18 and authorized to act for the School. The School authorizes BuzzKit to process Student Data only to provide the games, reports, support, security, and related educational functions the School requests. The School will follow its procurement, accessibility, records, consent, and parent-notice requirements before use.
2. Student Data
“Student Data” means personally identifiable information about a student collected or maintained through school-authorized use, including a nickname, avatar, answers, scores, progress, and session activity. Student Data excludes properly deidentified or aggregate information that cannot reasonably identify a student.
3. BuzzKit commitments
BuzzKit will:
- process Student Data only for the School-authorized educational purpose and to secure or support that service;
- not sell, rent, or use Student Data for targeted advertising, unrelated marketing, commercial profiling, or development of a noneducational student profile;
- not require students to provide more information than reasonably necessary to participate;
- limit access to people and service providers who need it to operate the service and bind them to appropriate confidentiality and security duties;
- not redisclose Student Data except at the School's direction, to provide the service, or as legally required;
- support verified access, correction, export, and deletion requests from the School, parent, or eligible student; and
- delete Student Data under the retention schedule in the Privacy Notice or sooner upon a verified School direction, unless law requires retention.
4. FERPA
To the extent FERPA applies and the School relies on the school-official exception, the School designates BuzzKit as performing an institutional service for which it would otherwise use employees. BuzzKit agrees to remain under the School's direct control regarding the use and maintenance of education-record information, use it only for the purpose of the disclosure, and comply with applicable use and redisclosure limits in 34 C.F.R. Part 99. The School determines legitimate educational interests and ensures its annual FERPA notice and policies cover the arrangement.
5. COPPA
Where the School is legally permitted to consent for a parent under COPPA, the School authorizes the limited collection described in the Student Privacy Notice solely for the benefit of the School and no other commercial purpose. BuzzKit provides that notice to the School and makes it available to parents. The School is responsible for confirming it may provide authorization and for giving any required direct parent notice. BuzzKit remains responsible for its own COPPA duties, including data minimization, use limits, security, retention, and honoring verified parent rights.
6. PPRA and sensitive surveys
BuzzKit is not intended to collect highly sensitive survey information. The School will not use BuzzKit to ask students for political beliefs, mental or psychological conditions, sexual behavior or attitudes, illegal or self-incriminating behavior, privileged relationships, religious beliefs, income, or similar protected information unless the School has completed every review, notice, consent, and opt-out procedure required by the Protection of Pupil Rights Amendment and other law.
7. Security and incidents
BuzzKit will maintain reasonable administrative, technical, and physical safeguards appropriate to the sensitivity of Student Data. If BuzzKit confirms unauthorized access to Student Data, it will notify the affected School without unreasonable delay, provide information reasonably needed for required notices, take reasonable corrective action, and cooperate with the School's response.
8. School controls and requests
The School controls which sets are used, which participants are invited, and who may view reports. A verified School request may direct correction, export, or deletion of its Student Data. Requests should be sent to [email protected] and identify the account, session, approximate date, and nickname. BuzzKit will respond within a reasonable period and ordinarily complete verified deletion requests within 30 days.
9. Retention and return
Ended-session Student Data is automatically deleted no later than 365 days after the session ends. The School may request earlier deletion. On termination or a verified request, BuzzKit will delete or return Student Data as directed, except for information that must be retained by law; any retained information remains protected and is not used for another purpose.
10. State requirements and school addenda
This Agreement provides a federal baseline. Applicable state student-privacy, breach-notice, public-records, and contracting laws may impose additional requirements. BuzzKit will cooperate in good faith with a School that needs a signed data privacy addendum. A mutually signed addendum controls over conflicting click-through terms for that School.
11. Term and precedence
This Agreement lasts while the School uses BuzzKit or BuzzKit holds its Student Data. Student privacy, security, use restriction, deletion, and confidentiality duties survive termination as needed to protect retained data. If this Agreement conflicts with the general Terms about Student Data, this Agreement controls.
12. Contact
BuzzKit/BuzzCloud, operated by Mason Buzzell, Omaha, Nebraska, United States · [email protected]