Weebly Privacy Notice for Educational Institutions
When this Privacy Notice mentions “Weebly,” “we,” “us,” or “our,” it refers to the Square company you are contracting with. Your contracting entity will generally be determined based on your Country of Residence. Your “Country of Residence” is the jurisdiction associated with your Weebly account as determined by either your express selection or by Weebly’s assessment of your residence using various data attributes associated with your Weebly account.
· If your Country of Residence is the United States, you are contracting with Square, Inc., 1455 Market Street, Suite 600, San Francisco, CA 94103, United States.
· If your Country of Residence is Canada, you are contracting with Square Technologies, Inc.
· If your Country of Residence is Japan, you are contracting with Square KK.
· If your Country of Residence is Australia, you are contracting with Square AU PTY, Ltd.
· If your Country of Residence is the United Kingdom, Ireland or anywhere except United States, Canada, Japan, or Australia, you are contracting with Squareup International Ltd.
What This Privacy Notice Covers
This notice covers how we treat personal information as well as other content that we receive from our Education Platform through pupils and educators.
Information We Collect
We collect very little private information through the Weebly education platform. The platform is designed to let educators create a classroom website with ancillary pupil accounts for the purpose of giving and accepting assignments and supporting day-to-day educational activities.
As such, we have the log-in information of the educator who created this account as well as their IP address. The only personal data we have on the students’ sub accounts is that provided by the educator. Some educators provide the first and last names of their students, others use alternative identifiers (highly recommended). We have access to students’ usernames, passwords, and any information picked up by cookies or pixels necessary for navigation or analysis. We do not have student emails We retain the content on pupil websites but that content is owned by the pupils and they are free to edit and delete it at any time.
Information Use, Sharing, Disclosure, and Retention
Use of Pupil and educator data for targeted marketing and/or advertisements is prohibited.
Parents, legal guardians, or eligible pupils may review personally identifiable information in the pupil's records and correct any erroneous information.
In the event of an unauthorized disclosure of a pupil's records, Weebly will report to an affected parent, legal guardian, or eligible pupil pursuant to the following procedure: Weebly can be contacted through our help center in the event of an unauthorized disclosure of a pupil’s records. Once we have determined that there was a non-authorized disclosure, Weebly will make any information available to the eligible pupil, or his or her parent or legal guardian, that would lead to a restoration of privacy and confidentiality.
Weebly certifies that a pupil's records shall not be retained for longer than the pupil or teacher wishes to delete a pupil’s records, the teacher may do so from a master account, or either party may contact the Weebly help center and request for data deletion. In case where a pupil chooses to establish or maintain an account with Weebly for the purpose of storing pupil-generated content, they may do so either by retaining possession and control of their own pupil-generated content, or by transferring pupil-generated content to a personal account. Such certification will be enforced through the following procedure:
Confidentiality and Security
Weebly will take actions to ensure the security and confidentiality of pupil records, including but not limited to designating and training responsible individuals on ensuring the security and confidentiality of pupil records, by the following measures:
Weebly does not collect any email addresses from the pupils for pupil accounts. Weebly has trained individuals working at the Help Center on how to handle concerns and complaints from the education platform. Weebly also has a trained Policy Team setting compliant privacy protocols for the Weebly education platform.
Relevant Federal and State Legislation
The Family and Educational Rights Privacy Act (FERPA) of 1974 has been extended to online privacy as it relates to pupils and their online records, content, or information.
Complying with FERPA
We know that certain information about your pupils will be contained in records maintained by Weebly and that this information may be considered confidential by reason of the Family and Educational Rights and Privacy Act of 1974 (20 U.S. C. 1232g) (FERPA) unless valid consent is obtained from your pupils or their legal guardians. Accordingly, Weebly uses all commercially reasonable administrative, physical and technical standards to ensure that no unauthorized person gains access to any pupil information that may be considered confidential under FERPA. We also use all commercially reasonable efforts to ensure that we do not inadvertently disclose any pupil information that may be considered confidential under FERPA to anyone other than personnel within your institution or other individuals that have been authorized by your institution to access such information through the use of our system: persons or organizations providing the pupil with financial aid, authorized representatives of federal or state governments for the audit and evaluation of federal and state supported programs or other persons as required by law.
In compliance with FERPA, pupils have:
1. The right to inspect and review their education records.
2. Governance over disclosure of their education records.
3. A mechanism to amend incorrect education records.
Complying with California Legislation
Weebly, Inc. is based in San Francisco, California and as such, we are compliant with California legislation aimed at protecting pupil records and privacy online.
California Children’s Privacy Rights
If you are under the age of 18, or the parent of a User under the age of 18, residing in California, you are entitled to request removal of content or information you have posted on our Properties. If you would like to request removal of your or your child’s content or information, please use the Weebly help center or email us at [email protected] for assistance, or you can ask your educator to delete your information. Please note that, without a specific request to be forgotten, removal of your content or information does not ensure complete or comprehensive removal, as there may be de-identified or recoverable elements of your content or information on our servers in some form. Additionally, we will not remove content or information that we may be required to retain under applicable federal and state laws.
AB 1584 Checklist
1. Pupil records obtained by Service Provider from a school district continue to be the property of and under the control of the school district.[1]. [Also compliant with Connecticut state legislation]
2. The procedures by which pupils may retain possession and control of their own pupil-generated content are outlined as follows: Weebly will either move the pupil account to a regular Weebly account so that the pupil has full control and can edit his or her content, or Weebly will allow the pupil to log into the pupil account and edit, add, or remove the pupil generated content. [Also compliant with Connecticut state legislation]
3. There are options by which a pupil may transfer pupil-generated content to a personal account. The pupil accounts are under the username of the teacher who created them. If a pupil wishes to transfer content to a personal account, he or she must provide Weebly with that username, and the moniker by which the pupil page is identified. Weebly will then use this information to transfer the pupil generated content to a personal account controlled by the pupil. [Also in compliance with Connecticut,
4. Parents, legal guardians, or eligible pupils may review personally identifiable information in the pupil's records and correct erroneous information by the following protocol: Pupils have a shareable username through which they can review and change PII. [Also compliant with Connecticut state legislation]
5. Weebly will take actions to ensure the security and confidentiality of pupil records, including but not limited to designating and training responsible individuals on ensuring the security and confidentiality of pupil records, by the following measures:
Weebly does not collect any email addresses from the pupils for pupil accounts. Weebly has trained individuals working at the help center on how to handle concerns and complaints from the education platform. Weebly also has a trained Policy Team setting compliant privacy protocols for the Weebly education platform.
6. In the event of an unauthorized disclosure of a pupil's records, Weebly will report to an affected parent, legal guardian, or eligible pupil pursuant to the following procedure: Weebly can be contacted through our help center in the event of an unauthorized disclosure of a pupil’s records. Once we have determined that there was a non-authorized disclosure, Weebly will make any information available to the eligible pupil, or his or her parent or legal guardian, that would lead to a restoration of privacy and confidentiality. [Also compliant with Kentucky state legislation]
7. Weebly will not use any information in a pupil record for any purpose other than those required or specifically outlined in our Privacy Notice and Terms of Service. [Also compliant with Connecticut and Kentucky state legislation]
8. Weebly certifies that a pupil's records shall not be retained or available to Weebly for more time than is sanctioned by the pupil or the educator or otherwise permissible by applicable law. Records will be deleted once the pupil or educator requests them to be, except for a case where a pupil chooses to establish or maintain an account with Weebly for the purpose of storing pupil-generated content, either by retaining possession and control of their own pupil-generated content, or by transferring pupil-generated content to a personal account. Such certification will be enforced through the following procedure: All pupil information is stored in Weebly archives not easily available to Weebly employees. If a pupil or teacher wishes for the pupil records to be deleted, the teacher who created the pupil account must be the one to delete it. [Also compliant with Kentucky state legislation]
9. The school district will agree to work with Weebly to ensure compliance with FERPA and the Parties will ensure compliance through the following procedure: agreeing to Terms of Service and Privacy Notice incorporating FERPA and adding on other required educational privacy requirements. [Also compliant with Connecticut and Kentucky state legislation]
Additional Terms
Use of Pupil and Employee data for targeted marketing and/or advertisements is prohibited. [Also compliant with Connecticut and Kentucky state legislation] Any use beyond the scope detailed in this provision constitutes a violation and will result in termination of services. [Also compliant with Connecticut state legislation]
Personally identifiable information (“PII”) derived from Pupil Information provided to
Weebly may be disclosed only to Weebly employees who have a legitimate
educational interest in maintaining, organizing, or analyzing the data for uses authorized in this
Subscription [Also compliant with Connecticut legislation]. PII derived from Pupil Information and maintained by Weebly shall not be further disclosed by Weebly, except as allowed by FERPA and AB1584. Subscriber (the educator, or other holder of the master account) is responsible for any notices to parents required under FERPA and AB 1584 and for providing parents/guardians the opportunity to inspect and challenge the contents of the pupil records in question.
If a data breach occurs that results in an unauthorized release of pupil or employee data
Weebly is responsible for notifying that the data breach has occurred within a reasonable time period. Data provided to the school district must include, but is not limited to, what happened, when the breach occurred, when the breach was identified, a complete accounting of the data that was breached, the
number of pupils or employees impacted, which pupils or employees were impacted, and
steps taken to mitigate continued breach of data. [Within 24 hours required in Kentucky and Chicago, within 72 hours required in Connecticut, within 48 hours required by Wilton Public School in Connecticut]
Data access provisions: Data is only available to Weebly or designated employees who
require access to the data, and kept on a secure server and computer/Laptop. [Also compliant with Kentucky state legislation]
Disclaimers
If a pupil account is created without using the Weebly Education Platform, the Weebly Privacy Notice for Educational Institutions does not apply to that account. Teachers are responsible for using the Education Platform for pupil accounts.
It is the responsibility of teachers who set up pupil accounts on the Weebly Education Platform to use the platform responsibly and in compliance with FERPA, and applicable state and local privacy laws. It is also the teacher’s responsibility to use Weebly’s features and recommendations to keep pupil accounts as private as possible.
Users of the Weebly education platform are also bound by Weebly’s general Privacy Notice.
Recommendations
Weebly encourages pupils to share this username with parents or legal guardians. Weebly also recommends that teachers use a minimum amount of PII while creating pupil accounts and identify their pupils using alternative identifiers such as “Pupil 1, Pupil 2”, etc.
Contacting Weebly
If you have a privacy concern regarding Weebly, or this notice, and if you cannot satisfactorily resolve it through the Service, you should complete a support request at http://help.weebly.com, or you can write to us by email at [email protected] or by mail at:
Attention: Legal
Square,
Inc. (dba Weebly)
1455
Market St., #600
San
Francisco, California 94103 USA
[1] Pupil records include any information directly related to a pupil that is maintained by the school district or acquired directly from the pupil through the use of instructional software or applications assigned to the pupil by a teacher or other school district employees. Pupil records does not include de-identified information (information that cannot be used to identify an individual pupil) used by the third party to (1) improve educational products for adaptive learning purposes and for customized pupil learning. (2) to demonstrate the effectiveness of the operator’s products in the marketing of those products (3) for the development and improvement of educational sites, services or applications.