BanqO! - A platform to help you create, manage and review Individualized Education Programs (IEP) or Transition Programs

United States of America

The US federal law Family Education Rights and Privacy Act (FERPA) aims to protect and ensure the confidentiality of students' school records and grants parents certain rights regarding their minor children's school records. One of these rights pertains to the right to review the student's school records held by the school and the right to request adjustments, corrections, or rectifications to one or more records that the parent deems inaccurate or misleading.

Furthermore, the FERPA law stipulates that the school or educational center generally needs to obtain written permission from the parent or guardian of the minor child before disclosing one or more pieces of information from the student's school records. School records encompass all records, such as special assistance records, professional records, files, and any other documents containing information about the student, including personal information within these records.

While the FERPA law's objective is to protect confidential data and requires permission for sharing information regarding the minor student, it allows for certain information to be shared without consent from school records to specific parties under particular circumstances or situations (refer to section 34 CFR § 99.31):

• to school representatives with a legitimate educational interest in relation to the student;
• to another school or educational center to which the student is transferring;
• to designated representatives for purposes of verification or evaluation;
• to appropriate parties in the context of financial aid offered to a student;
• to organizations conducting specific studies for or on behalf of the school;
• to accrediting organizations;
• in cases of a court order or lawfully issued subpoena;
• to appropriate representatives in cases of medical or safety emergencies; and to state and local authorities within the juvenile justice system, as per specific state law.

Schools or educational centers can also share information that may be included in a directory without consent, such as the student's name, address, telephone number, date and place of birth, honors, awards, and attendance dates. However, schools or educational centers must inform parents of this directory information and provide them with a reasonable period to indicate if they do not wish this information to be published.

While the FERPA law primarily applies to educational institutions, Banqo!, its Products, and its Services function as a "school representative" (School Official) with a legitimate educational interest under FERPA; our privacy policy is designed to collect student data in compliance with the FERPA law and to enable educational institutions using our Products or Services to adhere to this law.

The US federal law Child Online Privacy Protection Act (COPPA) aims to protect the privacy of children under 13 years old. The COPPA law requires online service providers like Banqo! Products and Services (Banqo, Edpro, Smartplan, etc.), schools or educational centers, teaching professionals, or non-teaching professionals acting as agents of a parent to provide parental notification and obtain verifiable parental consent before knowingly collecting personal information from children under 13 years of age, except in certain specific situations (to learn more about these exceptions, please refer to section 16 CFR § 312.5(c)). In addition to the Terms of Use of Banqo! Products and Services, users are required to obtain verifiable parental consent if COPPA requires it. If you discover that personal information has been shared without parental consent or in a manner that exceeds the strict scope necessary for participation in Banqo! Products or Services, the Products or Services will delete this information as soon as possible. If you believe that information has been obtained from a student under the age of 13 or for a child over 13 years old but incapable of making the decision and for whom the holder or parent has the authority, contrary to our policies, please notify us promptly by clicking here. Please read the following sections for a description of the types of personal information we collect, how we collect it, how we use it, and our policies to prevent third parties from accessing it. Banqo!, its Products, and its Services take the rights of children and parents very seriously. Therefore, they instruct children to provide only what is necessary to use Banqo! Products or Services. Parents can access their child's personal information, request Banqo! to delete it, and also refuse any further collection or use of it. Parents can consent to the collection of information about their child but refuse to share it with third parties, except as part of its Services. In addition to the operation of Banqo! Products and Services, Banqo! considers intervenors to act as agents of the parent by agreeing to collect information about their students or clients, and therefore, we presume that intervenors have obtained parental consent in this regard. Additionally, we recommend that intervenors retain verifiable proof of this parental consent and allow parents to review the collected information.

European Union

Since May 24, 2018, the General Data Protection Regulation of the European Union (GDPR) establishes rules regarding the collection, use, and retention of personal data of European Union citizens. Banqo!, its Products, and its Services fully comply with the GDPR.

Banqo! is a Canadian corporation headquartered in Montreal, Canada. To operate its Products or Services, it may collect, use, and retain personal data from users of the Products or Services located within the European Union, all in accordance with this Policy. The European Commission has determined that business entities in Canada meet the requirements of the GDPR or already provide an adequate level of data protection. If you wish to view an updated list of countries that provide an adequate level of data protection, please visit the European Union website.

Furthermore, to operate its Products and Services, Banqo! collaborates with third-party subcontractors in the United States, a country where users' personal information from the Products or Services is stored, all in accordance with this Policy. Therefore, when Banqo!, its Products, and its Services transfer personal information outside of the European Economic Area and to a country or legislative framework that, according to the European Commission, does not ensure an adequate level of personal data protection (including the United States), these transfers are governed by data processing agreements that comply with European Union data protection requirements.

Quebec

Users' rights in Quebec are governed by the Private Sector Privacy Act. Additionally, data is stored on Amazon servers in the United States, and Banqo!, its Products, and its Services comply with Article 17 of the Private Sector Privacy Act regarding the use of personal information.

According to the law, schools in the United States are obligated to comply with the Children's Online Privacy Protection Act (COPPA) before using Banqo! Products or Services online. This law requires written parental consent for children under 13 years old or over 13 years old if the young person is deemed incapable and the parent or guardian of the child is responsible before they can use online services that collect any type of personal information (including children's names and first names, and data related to their activities, etc.). This information will be protected in accordance with the Banqo! Privacy Policy.

If you are an intervenor with students or clients under 13 years old or over 13 years old if the young person is deemed incapable and the parent or guardian of the child is responsible, you must inform their parents and obtain their consent before creating an account.

To do this, you have two options: 1) through Banqo! Products or Services, you will be able to send a form directly to parents; or by downloading the PDF form(s) (Form 1 or Form 2). Keep these forms in your records once they are filled out.

If you are the parent or guardian of a child under 13 years old or over 13 years old but incapable of making the decision and for whom you have the authority, you must provide your consent.

To do this, you have two options: 1) you will receive a form directly from the main user of our Products or Services; or by downloading the PDF form(s) (Form 1 or Form 2). Once filled out, the form(s) should be sent to the main user of our Products or Services.