LiftEd Privacy Pledge

Thank  you for  visiting www.liftingeducation.co brought to you by LiftEd, Incorporated (the “Company”). LiftEd’s web and mobile software, or website will be referred to as the “LiftEd app(s)”. This privacy pledge explains our online information collection and use practices and the choices you can make about the way we use and share such information.

We appreciate the sensitivity of student data issues for schools, parents/guardians, and students. Federal and state laws require confidentiality for any student identifying records or personally identifiable information (“PII”).  This data includes any and all Personally Identifiable Information (PII) and other non-public information that teachers, support staff, related service providers, or parents (the “Educator") shares on the LiftEd app(s) (“Data”). Data include, but are not limited to, student data, metadata, and user content. In order to utilize the Company’s mobile software, a school, school district, or other responsible education authority (the “Customer") must agree to this privacy pledge. As we update and expand our services, this pledge may change. In the event of any material change, we will contact Customers and seek their consent to the revised privacy pledge. 



Information Collection & Use



In order to use the LiftEd app(s), an Educator needs access to a subscription, which is most often made available with the assistance of their local school, local school district, or other responsible education authority which has ordered a subscription to the Service for Educator(s) use. We require an Educator to obtain the proper approvals from an authorized school administrator before utilizing the LiftEd app(s) by either:

  1. Having an authorized administrator from your local school, local school district, or other responsible education authority enter into an agreement directly with the Company 
  2. Obtaining permission from a school administrator with authority to enter into contracts on behalf of the local school, local school district, or other responsible education authority
  3. Obtaining parent permission to share the student identifying information; or
  4. Redacting all student identifying information (e.g., assign each student a number and have them write it on their assignment instead of their name)

For the third option, the written consent must contain all of the following information:

  1. Signature of the parent/guardian or eligible student;
  2. The date of the written consent;
  3. Specification of the records to be disclosed;
  4. A statement of the purpose of the disclosure; and
  5. Identification of the party or class of parties to whom the disclosure may be made.

The consent may be obtained electronically, but only if it is obtained in a way that: (1) identifies and authenticates the particular person as the source of the consent; and (2) indicates such person’s approval of the information contained in the consent. Further, if information is shared by an Educator through a “shared drive,” access may only be given to information for which there is adequate consent.

An Educator with a subscription to the LiftEd app(s) will be assigned a profile. As part of the profile, an Educator will be assigned username (usually, their school or responsible education authority affiliated email address) and a temporary password, which is used to validate the first sign-in requests. An Educator will establish a unique four digit pin code to access their profile going forward and view certain PII such as name, email, or other information if necessary, depending on the needs of an Educator. An Educator acknowledges that their profile, including a photo (if provided), name, and email address may be viewed by other Educators within their local school, local school district, or other responsible education authority. An Educator or school administrator reserves the right to edit their assigned students’ profiles at any time by logging into their accounts and choosing the student they wish to update. 

The Company will create student profile(s) for each Educator during the initial on boarding & setup process as part of the Customer’s agreement with the Company. The company collects as little PII data about students from Educators or an administrator, solely for the use and benefit of the learning environment. The Company does not and will not sell, share, rent or trade your PII or Data with any third parties other than as expressly disclosed in this Privacy Pledge and consented by the Customer. The Company will also not use any PII or Data to advertise or market to students or their parents. 

How We Use the Data


The  Company collects and analyzes data on how the LiftEd app(s) are used in the aggregate  (how groups of people utilize) for the purpose of improving and enhancing its service. Student-identifying records or information on the LiftEd app(s) may be shared with the Company's employees for quality control measures. If you are a parent or guardian, you agree  that this is acceptable for you. If you are an Educator, you agree that this is acceptable for you. The Company may use de-identified Data for product development, research, or other purposes.

De-identified Data will have all direct and indirect personal identifiers removed. This includes, but is not limited to name, ID numbers, primary classification, location information, and school ID. Furthermore, the Company agrees not to attempt to re-identify de-identified Data and not to transfer de-identified Data to any party unless that party agrees not to attempt re-identification.

The Customer must understand that we will rely on one or more subcontractors to perform our services. We agree to share the names of these subcontractors with the Customer upon request. All subcontractors and successor entities of the Company will be subject to the terms of this Privacy Pledge. To request names of our subcontractors, please contact us at privacy@liftingeducation.co

We also  may  also collect  certain  non-personally  identifiable information  (i.e.  generic   information  that  does not identify you personally) when  you visit  any of our web pages such  as the  type of browser you are using,  the  type of operating system you are using, and the  domain  name  of your  Internet  service  provider.  We may do so using certain  third-party  services  to help  us  understand  certain  activities  which  happen on the  LiftEd app(s), so that we can improve  the  quality  of our service.  An example  of such activities  would  be services  that  allow  us  to analyze our usage data. These services would be required to access non-personal information, solely  for the purpose  of improving  service.  No information  at any point  would  be transferred  or  sold.

The Company reserves the right to disclose an Educator or student’s PII as required by law and when the Company believes  such disclosure  is  necessary  to protect our rights and/or to comply  with  a judicial proceeding,  court  order, or legal  process.

How Can I Manage Information about me or my student(s)?


Upon request, the Company will provide you with information about whether we hold, or process on behalf of a third party, any of your personal information. To request this information please contact us at privacy@liftingeducation.co

Data Retention


The Company retains your personal information only for as long as your account is active or to fulfill legitimate business or legal purposes. The Company may also retain and use non-personal information, including information which has been de-identified, aggregated, or anonymized.

We design our systems to protect information from accidental or malicious destruction. Because of this, when you delete or update your account or information from our services, we may not immediately delete residual copies from our active servers and may not remove some information from our backup systems.

Access to Educational Records & Compliance



FERPA Overview


The primary law that governs student records privacy is the federal Family Educational and Privacy Rights Act (“FERPA”). FERPA gives parents/guardians and students a number of rights and protections, the most applicable of which is a general requirement of confidentiality for any student identifying records or information. Under the law, schools are generally prohibited from sharing student identifying records or information with third parties without express, written parental/guardian consent or, in the case of a student who has reached 18 years of age (called an “eligible student” under FERPA and in this memorandum), student consent.

Under FERPA, for instance, schools are generally prohibited from sharing “education records” and “personally identifiable information” (“PII”) with any individual, agency, or organization without the written consent of the parent/guardian or eligible student. 20 U.S.C. §1232g(b)(1). FERPA defines “education records” as “those records, files, documents, and other materials which (i) contain information directly related to a student; and (ii) are maintained by an educational agency or institution or by a person acting for such agency or institution.” 20 U.S.C. §1232g(a)(4)(A). Regulations implementing FERPA provide a list of things that can be “PII,” including, most importantly for The Graide Network, a broad catchall including “information that, alone or in combination, is linked or linkable to a specific student that would allow a reasonable person in the school community, who does not have personal knowledge of the relevant circumstances, to identify the student with reasonable certainty.” 94 CFR § 99.3.



School Official Exception


FERPA has numerous exceptions that allow for disclosure of protected student identifying information without consent, including the “school official” exception. Under FERPA, disclosure may be made without parental/guardian or eligible student consent to “other school officials, including teachers within the educational institution or local educational agency, who have been determined by such agency or institution to have legitimate educational interests, including the educational interests of the child for whom consent would otherwise be required.” 20 U.S.C. §1232g(b)(1)(A). The FERPA regulations further define “school officials” to include “[a] contractor, consultant, volunteer, or other party to whom an agency or institution has outsourced institutional services or functions.” 34 C.F.R. § 99.31(a)(1)(i)(B).

Notably, FERPA’s school official exception only allows disclosure of PII to a third party service provider like the Company without parental or eligible student consent if all of the following conditions are met:

  1. The provider performs an institutional service or function for which the school district would otherwise use its own employees;
  2. The provider has been determined to meet the criteria set forth in in the school district’s annual notification of FERPA rights for being a school official with a legitimate educational interest in the education records;
  3. The provider is under the direct control of the school district with regard to the use and maintenance of education records, which includes that the school district controls and dictates how the provider can use or cannot use the data that is shared; and
  4. The provider uses education records only for authorized purposes and may not redisclose PII from education records to other parties (unless the provider has specific authorization from the school district to do so and it is otherwise permitted by FERPA).

With respect to the first requirement, the LiftEd app(s) provide a digital tool for school, school district, or other school administrative Educators to track student’s progress Data (namely performance on individualized academic curricula, existence of behaviors, etc.) that the Educators would otherwise be tracking manually using paper or various computer programs. The U.S. Department of Education advises school districts subject to FERPA that they are not precluded from disclosing education records to parties to whom they have outsourced services so long as they do so under the same conditions applicable to school officials who are actually employed. See U.S. Dep’t of Educ. Letter to Clark County Sch. Dist. NV re: Disclosure of Education Records to Outside Service Providers (June 28, 2006). Numerous educational technology organizations with an even more attenuated relationship to the classroom than Company regularly rely on the school official exemption. For example, Google Apps for Education relies on the exemption to provide email and other productivity tools for schools that are much farther removed from the traditional services provided by school districts than the Company's work.

With respect to the second requirement, the notification of FERPA rights is something that schools must publish each year (usually in a handbook) to notify parents/guardians/students of what types of entities can be deemed school officials. The Company requires evidence of compliance with this requirement from teachers or school administrators before allowing them to submit student identifying information.

With respect to the third and fourth requirements, The Company meets these obligations through a) contracting with the school, school district, or other responsible education authority through an authorized administer or b) through an individual educator with the understanding that they will have obtained appropriate authority from their school, school district, or other responsible education authority.

Discussion & Community Tools



We may, from time to time, make chat rooms, forums, message boards, news groups and other community tools available to Educators. Please remember that any information that is disclosed in these areas becomes public information for other users to view and for us to use. For example, from time to time, we may use the content you write (including your name or screen name if you post it) for promotional purposes, in e- mail newsletters or elsewhere, but only when you expressly agree that we may do so. Educators should exercise caution when deciding to disclose your personal information in these areas, since anyone - not just the Company - may view and use publicly posted information.



Our Committment to Security



The Company and Educators work together to protect the online privacy of all of your school community members that use the LiftEd apps. We uses industry-standard technology called SSL (Secure Socket Layer). SSL encrypts information transmitted across the internet to and from the LiftEd app(s). You will know that SSL is working when you see the presence of an image of a closed lock or solid key in the bottom bar of your browser window.

The LiftEd mobile app is hosted on Amazon Web Services, which has many built-in security measures and complies with various industry standards. For more information about Amazon Web Services security compliance, please visit https://aws.amazon.com/compliance/.
Unfortunately, no data transmission over the Internet can be guaranteed to be 100% secure and “hacker-proof,” and the Company cannot ensure or warrant the security of any information managed by the Company, whether transmitted to the Company by Educators or administrators or compiled by the Company with the Customer’s approval.

We believe we have in place the appropriate physical, electronic, and managerial procedures to safeguard and help prevent unauthorized access, maintain data security and correctly use the information we collect online as well as offline. Unfortunately, no data transmission over the Internet or data storage solution can ever be completely secure. As a result, although we take steps to protect your information, we cannot ensure or warrant the security of any information you transmit to or receive from us or that we store on our or our Service Providers' systems. When your personal information is passed onto non-affiliated companies, to the extent practical, we request that they also have in place the appropriate safeguards.

Please remember that Educators and administrators are ultimately responsible for maintaining the secrecy of their user name, passwords and/or any account information. You are not permitted to disclose your username and password to any other person. If you have reason to believe that your interaction with the LiftEd app(s) is no longer secure (for example, if you feel that the security of your username or password has been compromised), you must immediately notify us of the problem by contacting us.

How You Can Access or Correct Your Personal Information



For instructions on how you can access the personally identifiable information that we have collected about you or your student(s), or how to correct any errors in such information, please send an e-mail to support@liftingeducation.co We will respond to your request as soon as possible, and certainly within 30 days. To protect your privacy and security, we will take reasonable steps to help verify your identity before granting access or making corrections.

Please note that if you wish to cancel your account or request that we no longer use your information to provide you services contact us at support@liftingeducation.co



Links to Other Sites



If you click on a link to a third-party site, you will leave www.liftingeducation.co and be redirected to the site you selected. Because the Company does not and cannot control the activities of third parties, we cannot accept responsibility for any use of your PII by such third parties, and we cannot guarantee that they will adhere to the same privacy practices as the Company. We encourage you to review the privacy statements of any other service provider from whom you request services.