How We Comply With the FERPA

When operating Classe365 and other platforms listed at the end of this notice (collectively, the “Platforms”), we process students’ educational records (the “Records”) created and maintained by educational organisations (the “Schools”) through the Platforms. The Records may contain information about students’ learning progress, contact details, health data, grades, schedules, photos, and other information.

We do not own, control, or make decisions about the information included in the Records and we process such information only in accordance with the respective School’s instructions only.

In most cases, the School creating the Records and providing access to them acts as a data controller and is responsible for deciding what information should be collected from the students and how such information should be processed. In most cases, we act in the capacity of a data processor with regard to the Records.

When processing the Records through the Platforms, we make sure that we comply with the applicable privacy laws, such as the EU General Data Protection Regulation (GDPR), the U.S. Children’s Online Privacy Protection Act of 1998 (COPPA), California Privacy Act, and the Family Educational Rights and Privacy Act (FERPA).

In this notice, we explain how we comply with the FERPA.

What is FERPA?

FERPA is a U.S. federal law (The Family Educational Rights and Privacy Act, 20 U.S.C. § 1232g; 34 CFR Part 99) that aims to protect the privacy of the Records.

What rights do you have under the FERPA?

If you are a parent or legal guardian of a student under the age of 18 (the “Parent”), you have certain rights with respect to your child’s Records.

If you are a student at the age of over 18 or you undertake studies that are beyond high school level (the “Student”), you have the rights listed below with regard to your Records.

The rights provided to the Parents and the Students under the FERPA include:

• Parents and students have the right to inspect and review the Records maintained by the School.
• The Schools are free to decide whether they can provide a copy of the Records. If, due to serious reasons (e.g., a great distance to the School), you cannot visit the School, the School has to provide you with a copy of the Records. The School is free to charge an administrative fee for a copy of the Records.
• Parents and students have the right to request the School to correct the Records that, in parents’ or students’ belief, are inaccurate or misleading.
• If the School refuses to correct the Records, the parent or student has the right to a formal hearing.
• If, after the formal hearing, the School refuses to amend the Record, the parent or student has the right to place a statement with the Record setting forth his or her view about the contested information.

How can you exercise your rights under the FERPA?

There are a few ways how a parent or student can exercise their rights under the FERPA. Please choose the way that is most convenient to you.

1. Some Records are available through your account on the Platform that you use (the “Account”). The possibility to create and maintain the Account is provided by the School. Please note that the availability of the Records is also defined by the School. You can consult the Account to see what information is available to you and, if possible, correct the information that is, in your opinion, inaccurate or misleading. If you cannot access or correct the necessary information, you have to contact the School.
2. You can contact the respective School directly and request it to provide you with access to the Records and make the necessary corrections to the Records. If the School complies with the FERPA, the School will have to process your request.
3. In the last instance, you can contact us (our contact details are available at the end of this notice). If we have the right and capacity, we will process your request. However, please note that, in some instances (e.g., if we act as a data processor and the GDPR is applicable), we may not be able to directly process your request. If it happens, we will need to contact the respective School that acts as a data controller under the GDPR and forward your request to it. The School will be responsible for processing your request.

Who can ask to access the Records without parent’s or student’s consent?

The general rule is that the School needs to obtain written consent from parents or students to disclose to third parties any information included in the Records.

The FERPA provides for a few exceptions from this general rule. The FERPA allows the following third parties to access the Records without Parent’s or Student’s consent:

• Officials of the School that have a legitimate educational interest;
• Other schools to which a student is transferring;
• Specified officials for audit or evaluation purposes;
• Appropriate parties in connection with financial aid to a student;
• Organisations conducting certain studies for or on behalf of the School;
• Accrediting organisations;
• As necessary to comply with a judicial order or lawfully issued subpoena;
• Appropriate officials in cases of health and safety emergencies; and
• State and local authorities, within a juvenile justice system, pursuant to specific State law.

CONTACT

If you have any questions about this notice, our compliance with FERPA, or your rights regarding the Records, please feel free to contact us.

Email: clientservice@classe365.com

Postal address: 365.Software, 22, Palm Street, St. Ives, NSW, 2075, Australia

Our platforms

1. Student management platform Classe365 available at https://www.classe365.com (“Classe365”);
2. Student hiring management platform Hiree365 available at https://www.hiree365.com (“Hiree365”); and
3. Related websites, software, and services.