TERMS OF USE
SAN JOAQUIN COUNTY OFFICE OF EDUCATION
PUPIL RECORDS ONLINE MANAGEMENT INFORMATION SYSTEM
For legal purposes all PROMIS users must agree to the terms of use listed below.

I.
INTRODUCTION AND PURPOSE

          The San Joaquin County Office of Education ("Provider") is the creator and owner of a web-based suite of tools known as the Pupil Records Online Management Information System ("PROMIS") for use by the County Office of Education ("Customer") in formulating, updating, tracking, storing and reporting on student data. PROMIS is a full-featured, multi-leveled system for managing student data of the following areas: a) Attendance Accounting; b) Demographic Data; c) Assessment Data; d) Discipline Data; e) CALPADS Reports; f) Custom Searches and Reports; and g) Records Retention and Archiving. PROMIS is licensed to the Customer under the terms of the "Pupil Records Online Management Information Systems License Agreement" ("License Agreement").

II.
AUTHORIZED USER

          By accessing PROMIS, you agree that you are a current Authorized User of a Customer with a current License Agreement and such Customer is your employer. An Authorized User is defined as individual(s) authorized to access PROMIS on behalf of the Customer according to the terms of the License Agreement.

III.
PERSONAL USER IDENTIFICATION AND PASSWORD

          By accessing PROMIS, you acknowledge and agree that only Authorized User may gain access to PROMIS via the Internet through the Authorized Users' Personal User Identification and Password. "Personal User Identification" means the identification code given to Customer’s Authorized Users. "Password" means the License code provided to Customer’s Authorized Users to enable access to PROMIS.

IV.
TERMINATION OF USE

          You agree your access to PROMIS is contingent upon your employer being a Customer (i.e., having a valid Agreement with the Provider.) Should your employer's Agreement end or terminate, you acknowledge and understand that you will no longer be an Authorized User and you will no longer have the right to access or use PROMIS, and your access from your Personal User Identification and Password shall cease.

V.
ACCESS TO PROMIS SERVICES

          Authorized Users have access to PROMIS at www.mypromis.org < http://www.mypromis.org> for managing data Customer’s student data. You understand and agree that PROMIS maintenance may be required from time to time, and the Provider will endeavor to provide prior notice of such maintenance by posting notice on the PROMIS webpage. It is also understood that emergency maintenance may be required and, in such case, prior notice of such maintenance will not be provided to Customer and its Authorized Users. You understand and agree that the Provider shall not be liable for any delays or failures in performance or for any interruption of PROMIS services.

VI.
AUTHORIZED USER’S SUBMISSION OF CUSTOMER DATA

          "Customer Data" means documents, information and data submitted to Provider by Customer for processing through PROMIS and/or documents, information and data input or maintained in PROMIS by Customer. Customer Data must be submitted in accordance with the PROMIS data-structure. You acknowledge and agree that your submission of Customer Data does not violate any intellectual property rights or privacy rights of third parties.

VII.
PROTECTION OF PRIVATE CUSTOMER DATA

          "Pupil Records" means both of the following: 1) any information directly related to a Pupil that is maintained by Provider, including Personally Identifiable Information, and 2) any information acquired directly from the Pupil through the use of instructional software of applications assigned to the Pupil by a teacher or other Customer employee.

          "Personally Identifiable Information" includes: 1) the Pupil’s name, 2) the name of the Pupil’s parent or other family members, 3) the address of the Pupil or Pupil’s family, 4) a personal identifier, such as a Pupil’s Statewide Student Identifier, Pupil’s Identification number, or biometric record, 5) other indirect identifiers, such as the Pupil’s date of birth, place of birth, or mother’s maiden name, 6) other information that, alone or in combination, is linked or linkable to a specific Pupil that would allow a reasonable person in the school community, who does not have personal knowledge of the relevant circumstances, to identify the Pupil with reasonable certainty, or 7) information requested by a person who the educational agency or institution reasonably believes knows the identity of the Pupil to whom the Pupil Record relates.

          You acknowledge and agree that some Customer Data, including Pupil Records, is confidential pursuant to federal and state law, including, but not limited to, 20 USC section 1232(g) and Education Code sections 49060, et seq. You agree to abide by all applicable state and federal laws concerning Pupil Records. You further agree to protect Customer Data containing Pupil Records and to not disclose or make available to any unauthorized third party any Pupil Records to which you are granted access.

VIII.
PROVIDER’S PROPRIETARY RIGHTS IN PROMIS/NONDISCLOSURE

          You acknowledge that PROMIS is the property of Provider and that the value of PROMIS is, in part, determined by Provider's ability to limit access to and use of PROMIS to Authorized Users. You agree not to disclose or make available to any third party any of Provider's proprietary property to which Customer is granted access pursuant to this Agreement, including, without limitation, manuals and instructions for operation of PROMIS, knowledge of operating methods, Passwords, Personal User Identification, and the names and designations of any equipment comprising the system.

IX.
GENERAL TERMS AND CONDITIONS

          The validity, interpretation, construction and performance of these Terms of Use shall be governed by the laws of the state of California. If any provisions of these Terms of Use shall be held to be invalid, the legality and enforceability of the remaining provisions shall not be affected or impaired thereby.