Education Providers and the Family Educational Rights and Privacy Act (FERPA)

Last Updated: May 23, 2018

  1. If you are an Education Provider (as defined below) who will be using Site and Services with Students in connection with your educational institution, district or class located or based in the United States, Student Data provided or generated through your or your Students’ use of Site and Services may be subject to the U.S. Family Educational Rights and Privacy Act (“FERPA”), which may require educational institutions and school districts to obtain parental consent before disclosing Student Data outside of the educational institution. For that reason:

    1. You represent and warrant that: (1) you are authorized to act on behalf of, or have permission from, your educational institution or school district to enter into this Agreement and to use the Site and Services with your Students, (2) if at any point in time you are no longer authorized to act on behalf of your educational institution or school district, you will remove any student material from any account you have access to in connection with Site and Services and close any account for Site and Services used by you solely as an Education Provider, and if you are unable to take these actions on your own, contact Virtu.Academy for assistance, (3) before you enroll, sign up or permit any Student to use Site and Services, you, your educational institution, or your district will obtain any consents required under applicable law to be provided by a Student or the Student’s parent or legal guardian consenting to the Student’s use of Site and Services made available to the Student by the Education Provider, and (4) you will not provide to Virtu.Academy Student Data of any Student under thirteen (13) years of age. Notwithstanding the foregoing, when using our Services you may provide Student Data of a Student under thirteen (13) years of age, if you first obtain a signed and dated consent form that is voluntarily provided by the Student’s parent or legal guardian.

    2. Virtu.Academy agrees that: (1) to the extent that Education Providers subject to FERPA provide Virtu.Academy with Student Data, Virtu.Academy will be considered a "school official" (as that term is used in FERPA and its implementing regulations), (2) it will comply, within a reasonable time frame, with your requests to review, modify, de-identify or delete any Student Data that Virtu.Academy maintains about your Student, and (3) it will not maintain, use, or disclose Student Data except as set forth herein and in the Virtu.Academy Privacy Policy as authorized by you or permitted or required by applicable law or a judicial order.

  2. Defined Terms

“Education Providers” means educational institutions and teachers, administrators, school district representatives and other individuals acting on behalf of the educational institution or the school district, who provide Students with access to Site and Services and/or work with Students in connection with Site and Services.

“Site and Services” means Virtu.Academy website and.or Virtu.Academy web-based or cloud based services made available by Virtu.Academy pursuant to the terms of the Teacher Agreement and terms of use

“Student” means an individual person enrolled as a student at an Education Provider.

“Student Data” means information maintained by Virtu.Academy or any third party on Virtu.Academy’s behalf relating to a Student, including any education records (as defined under FERPA) that are disclosed by Education Providers to Virtu.Academy, except that Student Data does not include a record that has had personal data removed such that the Student’s identity is not uniquely identifiable from the record and there is no reasonable basis to believe that the remaining information can be used to identify an individual.