Data Processing Agreement

Introduction

This Data Processing Agreement (“Agreement”) is entered into between:

The subscribing educational institution (“Institution”)
and
EssayGuard (“Vendor”).

This Agreement governs the processing of student data in connection with Vendor's writing platform and academic integrity tools.

1. Purpose of Processing

Vendor provides a browser-based writing environment that allows students to compose assignments and allows instructors to review the writing process.

Vendor processes student data solely to:

• enable students to write and submit assignments
• record writing activity within the assignment editor
• provide instructors with tools to review writing behavior
• detect plagiarism or academic integrity issues
• improve system reliability and security

Vendor shall not use student data for advertising, marketing, or unrelated commercial purposes.

2. Categories of Data Collected

The Vendor may process the following categories of data:

Student identifiers supplied by the Institution:

• name
• email address
• student ID (if provided)

Assignment data:

• text written within the assignment editor
• document revision history
• timestamps of writing activity
• paste events and pasted content within the document

Technical data:

• IP address
• browser type
• device metadata
• session logs

Vendor does not collect audio, video, camera feeds, or activity outside the assignment editor.

3. Role of Vendor

Vendor acts as a School Official with Legitimate Educational Interest as defined under the Family Educational Rights and Privacy Act (FERPA), 20 U.S.C. §1232g.

Vendor agrees to:

• process student data only for the purposes authorized by the Institution
• remain under the direct control of the Institution regarding the use of student information
• comply with FERPA requirements regarding the confidentiality of education records

Vendor shall not disclose student data to third parties except as required to operate the service.

4. Data Security

Vendor shall implement reasonable administrative, technical, and physical safeguards designed to protect student data, including:

• encryption in transit (HTTPS / TLS)
• secure storage of data
• access controls limiting employee access to authorized personnel
• monitoring for unauthorized access

Vendor employees with access to student data are bound by confidentiality obligations.

5. Data Retention

Student data shall be retained only as long as necessary to provide the service.

Upon request by the Institution:

• student data will be deleted
• or returned to the Institution

Vendor will permanently delete student records within 30 days of contract termination unless otherwise required by law.

6. Subprocessors

Vendor may use third-party infrastructure providers (such as hosting providers or database services) to operate the platform.

Vendor shall ensure that subprocessors:

• maintain comparable security protections
• process data only for service operation
• comply with FERPA requirements

Vendor remains responsible for all subprocessors.

7. Data Breach Notification

Vendor shall notify the Institution without unreasonable delay after discovering any unauthorized access to student data.

The notification shall include:

• description of the incident
• types of data affected
• steps taken to mitigate the breach

Vendor will cooperate with the Institution in responding to the incident.

8. Student Rights

Vendor will assist the Institution in responding to requests related to student education records as required under FERPA.

Students do not contract directly with Vendor; all data rights requests will be handled through the Institution.

9. Data Use Restrictions

Vendor shall not:

• sell student data
• use student data for advertising
• train commercial AI models using student submissions without explicit Institutional authorization
• disclose student data except as required to operate the service

10. Term and Termination

This Agreement remains in effect for the duration of the service agreement between the Institution and Vendor.

Upon termination:

• Vendor will delete or return student data as directed by the Institution

11. Governing Law

This Agreement shall be governed by the laws of the State of Florida.

Contact Information

To request a signed copy of this agreement or ask questions, contact: