Priority of Agreements and Precedence. In the event of a conflict between and among the terms and conditions of this DPA, including all Exhibits attached hereto and incorporated herein and the Service Agreement, the terms and conditions of this DPA shall govern and prevail, shall survive the termination of the Service Agreement in the manner set forth herein, and shall supersede all prior communications, representations, or agreements, oral or written, by the Parties relating thereto.
Priority of Agreements and Precedence. In the event of a conflict between or among the terms and conditions of this DPA, including all Exhibits attached hereto and incorporated herein, the Service Agreement, and Contractor's policies (including, without limitation, any terms of service, privacy policy, or security policy) or other applicable Contractor documents each as the same may be in effect from time to time, the terms and conditions of this DPA shall govern and control. The terms and conditions of this DPA shall survive the termination of the Service Agreement in the manner set forth herein and shall supersede all prior communications, representations, or agreements, oral or written, by the Parties relating to the subject matter of this DPA.
Priority of Agreements and Precedence. In the event of a conflict between and among the terms and conditions of this DPA and the Service Agreement, the terms and conditions of this DPA shall govern and prevail, shall survive the termination of the Service Agreement in the manner set forth herein, and shall supersede all prior communications, representations, or agreements, oral or written, by the Parties relating thereto. Additionally, the Contractor’s Supplemental Information and Data Privacy and Security Policy are attached hereto as Exhibit B and C respectively. Where the Contractor’s Supplemental Information and Data Privacy and Security Policy conflicts with the terms of this Addendum, this Addendum shall govern.
Priority of Agreements and Precedence. Intheeventofa conflictbetweenand amongthetermsandconditionsofthis DPA,includingall Exhibitsattached heretoandincorporatedhereinand the ServiceAgreement,thetermsand conditions ofthis DPA shall govern andprevail, shall survive thetermination ofthe Service Agreement in the manner set forth herein, and shall supersede all prior communications, representations, or agreements, oral or written, by the Parties relating thereto.
Priority of Agreements and Precedence. In the event of a conflict between and among the terms and conditions of this DPA, including all Exhibits attached hereto and incorporated herein and the Agreement (including Contractor’s Terms of Service, if any), the terms and conditions of this DPA shall govern and prevail, shall survive the termination of the Agreement in the manner set forth herein, and shall supersede all prior communications, representations, or agreements, oral or written, by the Parties relating thereto. Further, to the extent any term of any prior agreement executed between the Parties, including Contractor’s privacy policies or Terms of Service contain data privacy and protection that conflict with the terms of this DPA, the terms of this DPA will control.
Priority of Agreements and Precedence. In the event of a conflict between and among the terms and conditions of this DPA, including all Exhibits attached hereto and incorporated herein and the Service Agreement, the terms and conditions of this DPA shall govern and prevail, shall survive the termination of the Service Agreement in the manner set forth herein, and shall supersede all prior communications, representations, or agreements, oral or written, by the Parties relating thereto. EXHIBIT A - Education Law §2-d Bill of Rights for Data Privacy and Security Parents (including legal guardians or persons in parental relationships) and Eligible Students (students 18 years and older) can expect the following:
1. A student’s personally identifiable information (PII) cannot be sold or released for any Commercial or Marketing purpose. PII, as defined by Education Law § 2-d and the Family Educational Rights and Privacy Act ("FERPA"), includes direct identifiers such as a student’s name or identification number, parent’s name, or address; and indirect identifiers such as a student’s date of birth, which when linked to or combined with other information can be used to distinguish or trace a student’s identity. Please see FERPA’s regulations at 34 CFR 99.3 for a more complete definition.
