PRIVACY POLICY

To the extent Publication Academy, Inc. or HigherEd+ receives, creates, maintains, uses, or discloses education records or personally identifiable information from education records on behalf of an educational agency or institution subject to the Family Educational Rights and Privacy Act and its implementing regulations at 34 CFR Part 99 (“FERPA”), the Company will handle such information in accordance with FERPA and any applicable written agreement with the educational agency or institution.

Education Records and Personally Identifiable Information. For purposes of this Policy, “education records” and “personally identifiable information” have the meanings provided under FERPA. Education records generally include records that are directly related to a student and maintained by an educational agency or institution or by a party acting for that agency or institution.

Rights of Parents and Eligible Students. Parents and eligible students have the right to inspect and review the student’s education records, request amendment of education records believed to be inaccurate, misleading, or otherwise in violation of the student’s privacy rights, provide written consent before disclosure of personally identifiable information from education records except where FERPA permits disclosure without consent, and file a complaint with the U.S. Department of Education concerning alleged failures to comply with FERPA.

Inspection and Review Requests. Parents or eligible students who wish to inspect and review education records should submit a written request to the applicable educational agency or institution, or to the Company when directed by that agency or institution, identifying the records they wish to inspect. Access will be arranged within a reasonable period of time and not later than the timeframe required by FERPA.

Requests to Amend Education Records. Parents or eligible students who believe that education records are inaccurate, misleading, or otherwise in violation of privacy rights may submit a written request identifying the portion of the record they want changed and explaining why the change is requested. If the request is denied, the applicable educational agency or institution will provide notice of the decision and any available hearing rights required by FERPA.

Consent and Authorized Disclosures. The Company will not disclose personally identifiable information from education records without valid written consent unless FERPA permits the disclosure without consent. Written consent must specify the records that may be disclosed, state the purpose of the disclosure, and identify the party or class of parties to whom disclosure may be made. Where FERPA allows disclosure without consent, such disclosures may include, as applicable, disclosures to school officials with legitimate educational interests, to another school where a student seeks or intends to enroll, to authorized representatives for audit or evaluation purposes, in connection with financial aid, in response to a lawfully issued subpoena or judicial order, or in a health or safety emergency.

School Officials and Legitimate Educational Interests. When the Company acts as a contractor, service provider, or other party performing an institutional service or function for an educational agency or institution, the Company may be considered a school official only to the extent permitted by FERPA and the applicable agreement. Company personnel, contractors, or agents may access education records only when they need the information to perform authorized services or responsibilities for the educational agency or institution and remain subject to the agency’s or institution’s direct control regarding the use and maintenance of the information.

Directory Information. The Company does not designate directory information on behalf of an educational agency or institution unless expressly authorized to do so in writing. If directory information is disclosed, the applicable educational agency or institution is responsible for providing any FERPA-required notice identifying the categories of directory information, the right to refuse disclosure, and the timeframe for opting out.

Recordkeeping, Redisclosure, and Safeguards. The Company will use education records only for authorized purposes, will not redisclose personally identifiable information from education records except as permitted by FERPA and applicable agreements, and will maintain reasonable administrative, technical, and physical safeguards designed to protect such information from unauthorized access, use, or disclosure.

Complaints. Parents and eligible students may file a complaint concerning alleged FERPA violations with the U.S. Department of Education’s Student Privacy Policy Office. Questions or requests related to FERPA-covered information may also be directed to the Contact Information below so they can be routed to the appropriate educational agency or institution where applicable.

Conflict with General Privacy Policy Terms. If any provision of this Policy conflicts with FERPA or an applicable written agreement with an educational agency or institution, FERPA and the applicable agreement will control with respect to education records and personally identifiable information from education records.