The parties hereto acknowledge that (i) Confidential Information may include personally identifiable information from education records that are subject to the Family Educational Rights and Privacy Act, as amended (“FERPA Records”); and (ii) to the extent that Confidential Information includes FERPA Records, Make Music Count will be considered a “School Official” (as that term is used in FERPA and its implementing regulations) and will comply with the requirements and obligations of School Officials under FERPA. Each party represents and warrants to the other party that it will comply with all provisions of FERPA applicable to such party’s performance hereunder.
The parties also acknowledge that Confidential Information may include personally identifiable information from children under the age of 13, subject to the Children’s Online Privacy Protection Act and related regulations (“COPPA”). Subscriber acknowledges that it will act as agent for the parents of students under the age of 13 for purposes of COPPA. Make Music Count presumes that Subscriber’s authorization is based on having obtained parental consent where necessary. Subscriber further acknowledges that it has read, fully understands, and agrees to abide by Company’s Privacy Policy & Terms and Conditions, available at www.makemusiccount.com and as may be revised from time to time, incorporated by reference herein.