Terms of Service Addendum for Connecticut School Subscribers

 

This Terms of Service Addendum (“Addendum”) amends Zoom’s Terms of Service for Connecticut School Subscribers as defined below.  The purpose of this Addendum is to describe Zoom’s obligations to uphold the safety and confidentiality of student information and student-generated content (collectively referred to as “Student Data”) as it may process on behalf of any School Subscriber (as that term is defined in Terms of Service) located in the State of Connecticut (“Connecticut School Subscriber”), in accordance with Connecticut General Statutes §§ 10-234aa through dd.  This Addendum shall not apply to School Subscribers outside the state of Connecticut.

 

In the event of a conflict between the Terms of Service and this Addendum, this Addendum will control.  For avoidance of doubt, the limitation of liability provision set forth in the Terms of Service will govern this Addendum.  This Addendum incorporates by reference the definitions set forth in Connecticut General Statutes §§ 10-234aa.

 

1. All Student Data collected by Zoom pursuant to a Connecticut School Subscriber’s use of Zoom’s services are not the property of, nor under the control of, Zoom.

 

2. The Connecticut School Subscriber shall have access to and the ability to request the deletion of Student Data in Zoom’s possession except in instances where such data is (A) otherwise prohibited from deletion or required to be retained under state or federal law, or (B) stored as a copy as part of a disaster recovery storage system and that is (i) inaccessible to the public, and (ii) unable to be used in the normal course of business by Zoom. Connecticut School Subscribers may direct requests to access, delete or restrict further collection or use of a student’s personal information to privacy@zoom.us. Zoom will comply with the Connecticut School Subscriber’s request in a commercially reasonable time.  This provision shall not require Zoom to delete information which has been aggregated and de-identified such that it no longer can be used to reasonably identify an individual student.

 

3. Zoom shall not use Student Data for any purposes not permitted by Connecticut General Statutes §§ 10-234aa through 10-234dd.

 

4. A student, parent or legal guardian of a student may review personally identifiable information contained in Student Data and correct any erroneous information, if any, by submitting such request to the Connecticut School Subscriber. Zoom will respond to such requests in accordance with the instructions conveyed by an authorized Connecticut School Subscriber representative.

 

5. Zoom shall take actions designed to ensure the security and confidentiality of Student Data.

 

6. Zoom will notify the Connecticut School Subscriber, in accordance with Connecticut General Statutes §§ 10-234dd, when there has been an unauthorized release, disclosure or acquisition of Student Data. Such notification will include the following steps: If there is any disclosure or access to any personally identifiable Student Data under Zoom’s control by an unauthorized party, Zoom will promptly notify the Connecticut School Subscriber and will use reasonable efforts to cooperate with their investigations of the incident.  Because Zoom may not maintain the type of personal information necessary to notify affected individuals, the Connecticut School Subscriber agrees that it shall be solely responsible for any and all notifications to affected individuals or other third parties that may be required by applicable law.

 

7. Unless otherwise required by applicable law, Student Data shall not be retained or available to Zoom upon termination of the Connecticut School Subscriber account, except for where data is anonymized, aggregated and/or de-identified such that it cannot be used to identify an individual student or a where a student, parent or legal guardian of a student may choose independently to establish or maintain information in a personal account.

 

8. Zoom and the Connecticut School Subscriber shall each ensure their own compliance with the Family Educational Rights and Privacy Act of 1974, 20 U.S.C. § 1232g, as amended from time to time.

 

9. Zoom acknowledges and agrees to comply with the above and all other applicable aspects of Connecticut’s Student Data Privacy law according to Connecticut General Statutes §§ 10-234aa through 10-234dd.

 

10. The laws of the State of Connecticut shall govern the rights and duties of Zoom and the Connecticut School Subscriber under this Addendum. If any provision of the Addendum or the application of the Addendum is held invalid by a court of competent jurisdiction, the invalidity does not affect other provisions or applications of the Addendum which can be given effect without the invalid provision or application.