Data Processing Agreement (DPA)
Effective Date: April 11, 2025
This Data Processing Agreement (“Agreement”) is entered into between ĀYŌDÈ (The Organization for the Advancement of Youth through Opportunities in Digital Education) and any school, educational institution, or organization (“Institution”) that uses ĀYŌDÈ’s Services and involves the processing of Personal Data of students, educators, or other individuals.
This Agreement governs the processing of Personal Data by ĀYŌDÈ on behalf of the Institution, in compliance with applicable data privacy laws, including but not limited to the Family Educational Rights and Privacy Act (FERPA), the Children’s Online Privacy Protection Act (COPPA), and other relevant laws.
1. Definitions
- Personal Data — Any information relating to an identified or identifiable individual provided to ĀYŌDÈ by the Institution.
- Processing — Any operation performed on Personal Data, including collection, storage, use, disclosure, or deletion.
- Controller — The Institution determining the purposes and means of processing Personal Data.
- Processor — ĀYŌDÈ, processing Personal Data on behalf of the Institution.
2. Purpose of Processing
ĀYŌDÈ shall process Personal Data solely for the purpose of providing and supporting the Services requested by the Institution and as described in this Agreement and ĀYŌDÈ’s Privacy Policy.
3. Obligations of ĀYŌDÈ
ĀYŌDÈ agrees to:
- Implement appropriate technical and organizational measures to protect Personal Data.
- Ensure that persons authorized to process Personal Data are bound by confidentiality.
- Assist the Institution in responding to requests from individuals exercising their privacy rights.
- Delete or return all Personal Data to the Institution upon termination of the Services.
- Provide reasonable cooperation for audits or inspections requested by the Institution.
- Notify the Institution promptly in the event of a data breach involving Personal Data.
4. Sub-processors
ĀYŌDÈ may engage third-party sub-processors to support the Services, provided that:
- Sub-processors are bound by data protection obligations consistent with this Agreement.
- ĀYŌDÈ maintains a current list of sub-processors available to the Institution upon request.
5. Data Security
ĀYŌDÈ will implement reasonable security measures appropriate to the risk, including:
- Access controls
- Data encryption
- Network security
- Regular security assessments
- Incident response procedures
6. International Data Transfers
ĀYŌDÈ will not transfer Personal Data outside of the United States without prior written consent from the Institution, unless required by law.
7. Term and Termination
This Agreement remains in effect for as long as ĀYŌDÈ processes Personal Data on behalf of the Institution.
Upon termination, ĀYŌDÈ will, at the Institution’s direction:
- Delete all Personal Data in its possession; or
- Return all Personal Data to the Institution.
ĀYŌDÈ may retain Personal Data only to the extent required by applicable law.
8. Governing Law
This Agreement shall be governed by and construed in accordance with the laws of the State of Texas, without regard to its conflict of law principles.
9. Contact Information
If you have any questions about this Data Processing Agreement, please contact us.
ĀYŌDÈ 5900 Balcones Drive #18126 Austin, TX 78731