Your partner in compliance

Effective Date: September 10, 2019

Clever is compliant with important federal and state regulations designed to safeguard data.

We work with districts in all 50 U.S. states and help them stay ahead of compliance requirements. Clever works hard to meet or exceed legal compliance requirements and to stay abreast of the fast-changing privacy law landscape. We are also committed to being a trusted partner for our districts and to help districts meet their own compliance obligations under the privacy laws.

The Student Privacy Pledge

Clever adheres to the Student Privacy Pledge, an industry standard of high privacy principles for providers of K–12 educational services. As part of our commitment to The Pledge, we are committed to the following core principles with respect to our collection and use of Student Data through the provision of the Clever service:

  • We do not collect, maintain, use, or share Student Data other than as needed for an authorized educational or school purpose, or as authorized by our agreement with a District.
  • We do not use or disclose Student Data collected through the Clever service for behavioral targeting of advertisements to students.
  • We do not build or create a personal profile of a student other than in furtherance of a K–12 school purpose, or as authorized by a parent.
  • We do not knowingly retain Student Data beyond the time period required to support the school's purpose, unless authorized by the parent.
  • We will maintain a comprehensive data security program that is reasonably designed to protect the security, privacy, confidentiality, and integrity of Student Data against risk through the use of administrative, technological, and physical safeguards appropriate to the sensitivity of the information.
  • We clearly and transparently explain our data policies and practices in our agreements and in our Privacy Policy.
  • We support access to and correction of Student Data by the student or parent by assisting the District or school in meeting these requirements.
  • We require that our vendors and service providers are bound through a written contract to maintain the same level of privacy protections as we do in our agreements.

Clever’s collection and use of Student Data is governed by our Terms of Service and/or any other agreement with a district, by the provisions of the Family Educational Rights and Privacy Act (FERPA), the Children’s Online Privacy Protection Act (COPPA), and other applicable laws that relate to the privacy of Student Data. For example:

Family Educational Rights and Privacy Act (FERPA)—United States

Clever’s Privacy Policy and our Service are designed to meet our responsibilities to protect personal information from the students' educational records under FERPA. We collect, receive and use student personal information as a “School Official” that performs an outsourced institutional function, subject to the direction and control of the School. We agree to work with each School to jointly ensure compliance with the FERPA regulations to protect the confidentiality of educational records, provide parents and eligible students the opportunity to access and review such records, and limit further disclosure of personal information only as necessary to support the District’s educational purposes. Learn more

iKeepSafe FERPA

Clever is FERPA Certified by iKeepSafe.

Children’s Online Privacy Protection Act (COPPA)—United States

Clever complies with COPPA. We do not knowingly collect personal information from a child under 13 unless and until a School has authorized us to collect such information through the provision of the Service on the School’s behalf. Consistent with the COPPA Regulations, we rely on the School to provide appropriate consent and authorization for a student under 13 to use the Service and for Clever to collect personal information from each student. We use and process Student Data for the purpose of providing the educational services to the School and do not collect or retain Student Data for longer than is necessary to provide the Service. We provide the School the opportunity to review and delete the personal information collected from their students, and we work with Schools to provide parents the same level of access, upon request. Learn more

iKeepSafe COPPA

Clever is COPPA Safe Harbor Certified by iKeepSafe.

Section 508 and ADA Compliance, Web Content Accessibility Guidelines—United States

Clever’s student experience meets the Web Content Accessibility Guidelines (WCAG) 2.0 AA level of compliance, and we are committed to maintaining a high level of accessibility for Clever’s student portal as we release new features. The WCAG define requirements for designers and developers to improve accessibility for people with disabilities. Learn more.

California Student Online Personal Information Protection Act (SOPIPA)

Clever compiles with SOPIPA, a California law that protects the privacy and security of Student Data. We do not use Student Data for targeted advertising purposes. We do not use collected information to amass a profile of a K–12 student except in furtherance of K–12 school purposes. We never sell Student Data unless the sale is part of a corporate transaction, such as a merger, acquisition, bankruptcy, or other sale of assets, in which case we make efforts to ensure the successor entity honors the privacy commitments made in this policy and/or we will notify you of such a sale and provide you an opportunity to opt out by deleting your account before the data transfer occurs. We will not sell students' personal information to third parties other than in the context of a business transaction. Learn more

iKeepSafe CSPC

Clever is California Student Privacy Certified by iKeepSafe.

California Assembly Bill 1584 (AB 1584)

Clever’s Additional Terms of Service for Schools and Privacy Policy and our Service are designed to comply with AB 1584. Pupil records obtained by Clever from a local educational agency (LEA) continue to be the property of and under the control of the LEA. Parents, legal guardians, or eligible pupils may review personally identifiable information in the pupil’s records and correct erroneous information by contacting their LEA directly, which shall in turn contact Clever for assistance if needed. In the event of an unauthorized disclosure of a pupil’s records, Clever will notify the LEA and will provide the LEA with a report to be shared with the affected parent(s), legal guardians(s), or eligible pupil(s). Pupil records will be deleted promptly after termination of our agreement with the School or upon request from the School.

Connecticut Conn. Gen. Stat. Ann. § 10-234aa-dd

Clever’s Connecticut Addendum to the Terms of Service, available upon request, is designed to comply with the requirements of the Connecticut Act Concerning Student Data Privacy, Conn. Gen. Stat. Ann. § 10-234aa-dd. If you are a School or District located in Connecticut, please contact your Clever customer success representative to incorporate the Connecticut Addendum into your agreement.

Clever works with district customers in all states to ensure compliance with applicable privacy laws and regulations. Specific information related to compliance in your state is available from your Clever customer success representative.

State laws change frequently. Please contact your Clever account executive for the latest information pertaining to your state. This page was last updated 11/05/2019.