FERPA School-Official Addendum

This School-Official Addendum (the “Addendum”) supplements the Master Services Agreement between Pathshala Inc. (“Pathshala”) and the U.S.-based educational agency or institution subscribed to Pathshala OS (the “School”) to address the Family Educational Rights and Privacy Act, 20 U.S.C. §1232g and 34 CFR Part 99 (“FERPA”), and similar state and local laws.

The School designates Pathshala, by accepting this Addendum, as a “school official” with a “legitimate educational interest” in the Education Records it uploads to or generates through Pathshala OS, within the meaning of 34 CFR §99.31(a)(1)(i)(B). Pathshala performs an institutional service or function (learning-management, scheduling, communications, and assessment delivery) for which the School would otherwise use employees, and for which the School has determined an outside party meets the criteria specified in §99.31(a)(1)(i)(B).

“Education Records” has the meaning given in 34 CFR §99.3. This Addendum applies to all Education Records (and personally identifiable information from Education Records) that the School uploads to, generates through, or otherwise discloses to Pathshala via Pathshala OS.

Pathshala will use Education Records only to deliver, secure, support, and improve Pathshala OS for the School, subject to the limits in this Addendum and the MSA. Pathshala will not use Education Records for:

• targeted or behavioural advertising;
• building, training, or improving any third party's generic AI model;
• creating user profiles for purposes other than the educational service;
• marketing or solicitation directed at students or their parents (Pathshala may, with the School's authorisation, communicate with school administrators about Pathshala OS service announcements).

Pathshala is under the direct control of the School with respect to Education Records and is subject to the requirements of 34 CFR §99.33(a). Pathshala will not redisclose Education Records except:

• back to the School;
• to a sub-processor that is bound by terms substantially the same as this Addendum and that uses the records only on the School's behalf;
• as the School expressly directs in writing;
• as required by law (e.g., subpoena), in which case Pathshala will, where lawful, give the School prompt notice so the School can seek a protective order.

Pathshala will implement and maintain the technical and organisational measures described in Annex 2 of the DPA (/legal/dpa), which are designed to protect the confidentiality, integrity, and availability of Education Records.

The School authorises Pathshala to engage the sub-processors listed at /legal/subprocessors subject to the notice and objection rules in §7 of the DPA.

FERPA gives parents and eligible students rights to inspect, review, amend, and consent to disclosure of Education Records. Those rights run against the School, not Pathshala. Pathshala will assist the School, on commercially reasonable terms, in responding to such requests — for example by providing data exports, deletion, or correction tools in the admin portal.

Pathshala will return or destroy Education Records as set out in MSA §7 (6-month passive retention from an Offboarding Event / expedited deletion on written request, beginning no sooner than 72 hours after verification, with up to 30 days for offline backups to roll over). The School may instruct Pathshala to destroy Education Records ahead of those windows by emailing privacy@pathshala.co.

Pathshala will notify the School without undue delay, and in any event within seventy-two (72) hours of confirmation, of any incident that has resulted in unauthorised access to or disclosure of unencrypted Education Records of the School, and will assist the School with notifications required by FERPA, applicable state breach-notification laws (e.g., California SOPIPA, Illinois SOPPA, New York §2-d), or school-board policy.

Pathshala will comply with the Children's Online Privacy Protection Act (COPPA), the Protection of Pupil Rights Amendment (PPRA), the Individuals with Disabilities Education Act (IDEA) confidentiality provisions, and other applicable federal and state laws that protect student information, to the extent applicable to the role Pathshala performs for the School.