Last updated August 28, 2025
This Addendum (the “Addendum”) is hereby incorporated in and made a part of Sparkler’s Terms of Service, Privacy Policy, and other terms and conditions (collectively, the “Terms”) applicable to those Sponsoring Partners that are public school districts organized under Title 33 of the Ohio Revised Code (each, a “District”). In the event there are any conflicting or differing terms between the Terms and this Addendum, this Addendum will govern and take precedence and govern.
- Sparkler acknowledges that it may receive or have access to student education records, as defined under the Family Educational Rights and Privacy Act (“FERPA”), 20 U.S.C. § 1232g, and agrees to comply with FERPA and any applicable federal or state student data privacy laws. Sparkler shall act as a “school official” under FERPA and use such data solely for the purposes of providing services under these Terms, implementing appropriate safeguards to protect its confidentiality, security, and integrity. Sparkler shall not use or disclose such data for any other purpose except as permitted by these Terms or required by law. Upon the termination of these Terms, or upon the District’s request, Sparkler shall securely return or destroy all student data entered by the school district and/or by its employee, certifying such destruction in writing if requested by the District. Sparkler acknowledges that, with respect to student education records, it will (1) restrict unauthorized access by its employees or contractors, and (2) ensure access is granted only as necessary to fulfill the Terms.
- Sparkler agrees to comply with applicable aspects of Ohio’s student privacy law according to Ohio Revised Code Sections 3319.321 through 3319.327. Sparkler acknowledges that, unless District permits otherwise in writing, it will not access or monitor any of the following as described in Section 3319.327 of the Ohio Revised Code: (2a) Location-tracking features of a school-issued device; (2b) Audio or visual receiving, transmitting or recording features of a school-issued device; (2c) Student interactions with a school-issued device. For purposes of this Addendum and the Terms, a school-issued device is defined as “hardware, software, devices, and accounts that a school district, acting independently or with a technology provider, provides to an individual student for dedicated student use.”
- Sparkler agrees and understands that District is a public entity that is required to disclose certain information under the Ohio Public Records Act (Ohio Revised Code Section 149.43). As such, District is required to disclose the terms of this Addendum and the Terms. Sparkler shall notify District in writing of any information it considers to be proprietary, trade secret, or otherwise exempt from disclosure under public records laws, but acknowledges that final determination of exempt status rests with District. In the event a public records request seeks Sparkler’s proprietary or confidential information, District shall make reasonable efforts to notify Sparkler prior to disclosure. Sparkler agrees to indemnify and hold harmless District against any claims, damages, or legal fees arising from District’s disclosure of records in compliance with applicable law.
- This Addendum and the Terms shall be governed by and construed in accordance with the laws of the State of Ohio, without regard to its conflict of laws principles.