Liberty Source, LP warrants that it will take all commercially reasonable steps to maintain the confidentiality of student and staff data received from District. Liberty Source agrees to maintain such confidential data in accordance with the relevant laws and any local policies that are communicated to Liberty Source. Liberty Source acts as an agent and representative of District in the import, translation, and/or analysis of data, however, such agency is limited solely to the import, translation, and/or analysis of data exchanged through the use of the Software. Access to personally identifiable data will not be allowed for anyone other than the Liberty Source staff directly responsible for the support, import, translation, and/or analysis of the data. Data will be provided by Liberty Source only to persons or entities authorized by District.
Liberty Source shall not disclose Confidential Student Records (as defined below) to any person or entity except those that need to know the Confidential Student Records for the purposes the agreement between Liberty Source and the district, and agree to be bound by the provisions of this Section; or in compliance with a lawfully issued subpoena or court order.
Liberty Source shall not use the Confidential Student Records for any purpose other than the purposes agreed upon between the district and Liberty Source.
Liberty Source shall, upon the written request by District, within thirty (30) calendar days, return to District or destroy all Confidential Student Records. If Liberty Source destroys the Confidential Student Records, Liberty Source must certify that it has done so in writing and deliver that certificate to within thirty (30) calendar days of Licensee’s initial written request for Liberty Source to return or destroy all Confidential Student Records.
“Confidential Student Records” means those records, files, documents, and other materials which (a) contain information directly related to a student; and (b) are maintained by an educational agency. See FERPA, 20 U.S.C.A. 1232g and accompanying regulations.