DATA PROCESSING AGREEMENT (DPA)
V07242026A
This Data Processing Agreement (“DPA”) is entered into by and between the Group Client Customer (“Data Controller”) and Student Wellness Solutions LLC (“Data Processor”, “Service Provider” or “SWS”).
When a user creates their own free account, or purchases their own access to content on StudentWellnessSolutions.com, their full account data is governed by the Data Processor Privacy Policy and Practices. SWS does not purposely share any personal information or user data with any Group Clients, unless the user independently authorizes the sharing.
When using SWS services, a user may choose to share their name, email address and course progress data with a Group Client. No other data is purposely shared with the Group Client. The Group Client is authorized to access this data whenever (1) the user enrolls in a course or creates an account using a Group Code, or (2) whenever the user enters a Group Code on their student profile page, or (3) whenever the user’s account creation / course enrollment is initially facilitated by a Group Client, with the user being invited to log-in to an existing account. When any of these circumstances occur, the Group Client identifier will be conspicuously listed on the individual user’s student profile page. A user may revoke this Group Client access to data at any time, by emailing us at advisor@studentwellnesssolutions.com. Revoking this access will also revoke the users access to any SWS site content that was authorized through the Group Client license.
If you are using the site as a Group Client, or as a representative of a Group Client, you may be provided with access to the name, email address and course progress data of the users who have consented to sharing it with the Group Client Customer. Our Terms, Customer Agreement and associated notices require that you safeguard this data to prevent others from accessing it. We also require that you NOT use this data for any purpose other than the administration of programs on StudentWellnessSolutions.com. Please read this document in its entirety, as it explains your obligations and details your agreement with Student Wellness Solutions LLC.
1. Scope and Governing Law
• Governing Law: This DPA is governed by the laws of the United States. The Processor hereby acts as a "Service Provider"
• Data Scope: This agreement applies strictly to the Name, Email Address, and Course Progress Data of any user at StudentWellnessSolutions.com.
2. Use Restrictions
• Age-Gate of Access: Under no circumstances is any person under the legal age of 18 permitted to access the data maintained or provided by Student Wellness Solutions LLC.
• Scope of Access: Under all circumstances, access to any SWS data is to be limited only to those persons with a legitimate administrative purpose and only for the duration that their access is necessary to accomplish the legitimate administrative needs of the Group Client.
• No Sale or Share: Customer agrees that they shall not sell, share, convert or repurpose any data provided by SWS for any use or service other than those directly accessed at StudentWellnessSolutions.com.
• No Commercial Use: Customer agrees that no data derived from SWS may be used for commercial purposes, advertising, targeted advertising or behavioral analytics not directly related to programs at StudentWellnessSolutions.com.
• No Student Records: Customer agrees that no public educational student records, will be uploaded or shared with SWS, and that no SWS data will be stored, linked or used in any way as a student record within any public educational institution.
• Retention Limit: Customer agrees that they shall not retain, use, or disclose any data outside the term of the direct business relationship with Student Wellness Solutions LLC. Such relationship shall be deemed to terminate immediately upon the expiration of the Group Client license, or the termination of the Group Client account for any reason.
• No Persons under 13 years of age. Customer agrees that under no circumstances will data be solicited; and under no circumstances will services be offered or extended to persons under the age of 13. This does not apply to a parent or guardian participating in supervised co-viewing of content on their own device, using their own account.
• No Student Records. Customer agrees that under no circumstances may existing Public School Records be shared with Student Wellness Solutions, and under no circumstances may data obtained from StudentWellnessSolutions.com be converted or linked to existing Public School Records.
• Purpose Limitation: Customer agrees that they shall not combine data received from Controller with data from other sources.
• Compliance Certification: Customer certifies understanding of and compliance with these restrictions. Any questions may be directed to advisor@studentwellnesssolutions.com.
3. Security and Breach Notification
• Technical Safeguards: Customer agrees to implement encryption and access controls for any names and email addresses that are stored for any reason and any period of time off of StudentWellnessSolutions.com. All records should be destroyed when not in use and access must be limited to as few authorized personnel as necessary.
• Providing Notice: Customer agrees to notify the Controller within 48 hours of any suspected or confirmed data breach.
• Assistance: Customer agrees to assist Controller in responding to any consumer rights requests (e.g., deletion or access to data).
4. Term and Data Disposition
• Deletion: Customer agrees to permanently delete all copies of user data immediately upon the termination of a direct business relationship with Student Wellness Solutions LLC. Your business relationship is terminated upon the expiration of your license, or term of service, or whenever notified that it has been terminated by SWS for any other reason.
Agreed to by digital certification.
