Effective Date: December 31, 2020
II. Compliance with Family Educational Rights and Privacy Act - FERPA
- FERPA requires that Educational Institutions keep personally identifiable information (as defined in FERPA, “PII”) from Education Records confidential and cannot disclose them to a provider unless: (i) an Educational Institution has first obtained written consent from the Parents; or (ii) the disclosure of information falls into one of the exceptions provided for in the FERPA. One of the exceptions is releasing PII from Education Records to a school official with a legitimate educational interest. According to FERPA, teachers, contractors, consultants, volunteers, or other parties to whom the Educational Institution has outsourced institutional services or functions may be considered a school official. Furthermore, if these school officials need PII from Education Records to do a job they have been assigned or contracted to conduct, they are also considered to have a legitimate educational interest.
- In order to allow Tynker to provide you with the Services, you hereby designate Tynker as a “school official” with a “legitimate educational interest” under FERPA in using and accessing your Education Records. You also represent and warrant to Tynker that (a) you have obtained all consents necessary in connection with disclosing any Education Records directly or indirectly to Tynker, or otherwise in connection with the Services, and (b) your disclosures described in (a) are not and will not be a violation of FERPA.
III. Use of Data from Education Records
IV. Sharing of Data from Education Records
- During the regular course of completing lessons, students create digital content (“Projects”) and have access to Projects that are saved in their private account on Tynker. These are visible only to themselves and their teacher. Students can delete these Projects at any time.
- Students and teachers can also share projects to Class Showcases that may be accessed by the teacher and a Limited User Group, such as their classmates. Teachers and administrators from the Educational Institution can remove these Projects from the Class Showcase. Although we do not allow students to post to social media sites, students may manually copy URL links to Tynker projects and post these links on other social media sites that may not allow deletion. In such cases, the student or educator can delete the original project and the links on external sites will no longer work.
- Tynker Projects cannot be transferred to other accounts. However that can be copied over to other accounts. A new Project will be created in the other account and will be an exact replica of the original project. Deleting the original project will not delete the copy. The copy may be deleted at any time by the new owner of that copied Project.
V. Access and Deletion of Education Records
- Tynker will use commercially reasonable efforts to comply with written requests from you or a Parent for access to and review their Education Records and to correct any erroneous information within a reasonable period of time, but not more than 45 days after we have received the request. You and Parents can submit such request by sending us an email request at privacy AT tynker DOT com. Whenever applicable, you will serve as the intermediary for the requests by Parents, wherein the parent requests access to any Education Records created and maintained by Tynker directly from you, and you then obtain the Education Records from us to give back to the Parent.
Parents, legal guardians, or eligible pupils may review personally identifiable information in the
pupil's records and correct erroneous information by the following protocol:
- Removing or changing student Projects – Parents or kids can login to their child’s account, and edit or delete Projects.
- Changing PII (screen name, first name, last name, password, avatar) – Parents need to inform the class teacher.
- Deleting the child’s account – Parent can contact the School, and the teacher can perform this action. School may also contact Service Provider by sending an email to support AT tynker.com, and we will do so in 72 hours.
- Educational Institutions and Parents may request Tynker in writing by sending an email to privacy AT tynker DOT com to terminate the Services and/or delete the PII from their Education Records maintained by Tynker. You understand that you and Parents may not be able to access or use certain portion of the Services after Tynker deleted the account and information pursuant to your or Parents’ request. We will use commercially reasonable efforts to comply with such deletion request and we certify that we will not retain or otherwise make available to third parties the Education Records after the termination, except (i) as permitted hereunder, or (ii) if a student chooses to establish or maintain an account with Tynker for the purposes of storing student-generated content. However, we may de-identify student information [, including without limitation, by deleting or de-identifying all PII from Educational Records within seventy-two (72) hours of our receipt of the termination notice, except for Student Data residing on internal logs which will be removed within ninety (90) days, and will also provide notice to the Educational Institutions when PII from Educational Records has been deleted and/or anonymized] before we retain it, share it with other parties, or use it for other purposes.
VI. Data Privacy, Confidentiality, and Security
- Tynker maintains industry level administrative, physical, and technical measures to protect Education Records stored in our servers, which are located in the United States. We train our employees to ensure the security and confidentiality of Education Records maintained by us. If there is any unauthorized disclosure or access to any PII from Education Records, we will promptly notify you, any other affected Educational Institutions by email and will use reasonable efforts to cooperate with your or their investigations of the incident. We require that you inform the parents of all affected students, since Tynker may not have access to Parent contact information. As the owner of the Education Records, you may be responsible for the timing, content, cost, and method of any notice requirements trigged by security incidents under applicable laws. When permissible under applicable laws, you may request Tynker to bear responsibility for the timing, content and method of such required notice on your behalf. In all instances, Tynker will indemnify Educational Institutions for all reasonable costs associated with compliance with such notice requirements arising from a breach of the Services by Tynker. For clarity and without limitation, Tynker will not indemnify for any notification costs arising from a breach of you or a third party.