Clever

Terms of Service Addendum: Connecticut
   This Terms of Service Addendum (“Addendum”) addends that certain Clever
   General Terms of Use (including the Additional Terms of Use for Schools and Privacy
   Policy) available at: https://clever.com/about/terms (the “Terms”) (collectively,
   along with this Addendum, the “Agreement”). The purpose of this Addendum is to
   describe Clever’s obligations to uphold the safety and confidentiality of student
   information, Student Data and student-generated content (collectively referred to
   as “Student Data”) it processes on behalf of a Connecticut School, in accordance
   with Conn. Gen. Stat. Ann. § 10-234aa-dd. If this is an express conflict between a
   term and condition of the Terms and this Addendum, this Addendum will supersede.
   For avoidance of doubt, the limitation of liability provision set forth in the Terms will
   govern this Addendum. This Addendum incorporates by reference the definitions
   set forth in Conn. Gen. Stat. Ann. § 10-234aa.

   1. All Student Data provided or accessed pursuant to the Agreement are not the
      property of, nor under the control of, Clever.

   2. The School shall have access to and the ability to delete Student Data in
      Clever’s possession except in instances where such data is (A) otherwise
      prohibited from deletion or required to be retained under state or federal law, or
      (B) stored as a copy as part of a disaster recovery storage system and that is (i)
      inaccessible to the public, and (ii) unable to be used in the normal course of
      business by Clever. The School may request the deletion of Student Data at any
      time through the School Administrator dashboard or by contacting Clever at
      support.clever.com and submitting a support ticket. Contractor will comply with
      the Board’s request in a commercially reasonable time not to exceed ten (10)
      business days. This provision shall not require Clever to delete information which
      has been aggregated and de-identified such that it no longer can be used to
      reasonably identify an individual student. Please note that if the School granted
      access to Student Data to a Developer through Clever, the School must contact
      the Developer directly to request access or deletion of Student Data.

   3. Clever shall not use Student Data for any purposes other than those authorized
      pursuant to the Agreement.

   4. A student, parent or legal guardian of a student may review personally
      identifiable information contained in Student Data and correct any erroneous
      information, if any, by submitting such request to the School. Clever will respond




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      to such requests in accordance with the instructions conveyed by an authorized
      School representative.

   5. Clever shall take actions designed to ensure the security and confidentiality of
      Student Data.

   6. Clever will notify the School, in accordance with Conn. Gen. Stat. § 10-234dd,
      when there has been an unauthorized release, disclosure or acquisition of
      Student Data. Such notification will include the following steps: If there is any
      disclosure or access to any personally identifiable Student Data under Clever’s
      control by an unauthorized party, Clever will promptly notify the School and will
      use reasonable efforts to cooperate with their investigations of the incident.
      Because Clever is unlikely to maintain the type of personal information necessary
      to notify affected individuals, the School agrees that it shall be solely responsible
      for any and all notifications to affected individuals or other third parties that may
      be required by applicable law. However, at the request of the School and when
      permissible under applicable law, Clever agrees to bear responsibility for the
      timing, content and method of such required notice on behalf of the School. For
      clarity and without limitation, Clever is not responsible for providing notice and
      will not indemnify for any notification costs arising from a breach of a third party
      application whose service is accessed by the School through the Clever
      technology platform. In accordance with this paragraph, the notice shall be
      sent to:

      School Contact:      _______________________

                           _______________________

   7. Student Data shall not be retained or available to Clever upon expiration of the
      Agreement between the Clever and the School, except for where data is
      aggregated and de-identified such that it cannot be used to identify an
      individual student or a where a student, parent or legal guardian of a student
      may choose independently to establish or maintain information in a personal
      account.

   8. Clever and the School shall each ensure their own compliance with the Family
      Educational Rights and Privacy Act of 1974, 20 U.S.C. § 1232g, as amended from
      time to time.




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   9. The laws of the State of Connecticut shall govern the rights and duties of Clever
      and the School.

   10. If any provision of the Agreement or the application of the Agreement is held
       invalid by a court of competent jurisdiction, the invalidity does not affect other
       provisions or applications of the Agreement which can be given effect without
       the invalid provision or application.




Connecticut Commission for Educational Technology                               Version 1.0