Be Well Played is compliant with important federal and state regulations designed to safeguard data.

We work with districts in all 50 U.S. states and help them stay ahead of compliance requirements. Be Well Played works hard to meet or exceed legal compliance requirements and to stay abreast of the fast-changing privacy law landscape. We are also committed to being a trusted partner for our districts and to help districts meet their own compliance obligations under the privacy laws.

The Student Privacy Pledge

Be Well Played adheres to the Student Privacy Pledge, an industry standard of high privacy principles for providers of K–12 educational services. As part of our commitment to The Pledge, we are committed to the following core principles with respect to our collection and use of Student Data through the provision of the PLAY: Interactive Arcade:

We do not collect, maintain, use, or share Student Data.
We do not use or disclose Student Data for behavioral targeting of advertisements to students.
We do not build or create a personal profile of a student.
We do not knowingly retain Student Data.
We will maintain a comprehensive data security program that is reasonably designed to protect the security, privacy, confidentiality, and integrity of Student Data against risk through the use of administrative, technological, and physical safeguards appropriate to the sensitivity of the information.
We clearly and transparently explain our data policies and practices in our Privacy Policy.

Family Educational Rights and Privacy Act (FERPA)—United States

Be Well Played’s Privacy Policy and our Service are designed to meet our responsibilities to protect personal information from the students' educational records under FERPA. We do not collect, receive or use student personal information. as a “School Official” that performs an outsourced institutional function, subject to the direction and control of the School. We agree to work with each School to jointly ensure compliance with the FERPA regulations to protect the confidentiality of educational records, provide parents and eligible students the opportunity to access and review such records, and limit further disclosure of personal information only as necessary to support the District’s educational purposes. Learn more

Clever is FERPA Certified by iKeepSafe.

Children’s Online Privacy Protection Act (COPPA)—United States

Clever complies with COPPA. We do not knowingly collect personal information from a child under 13 unless and until a School has authorized us to collect such information through the provision of the Service on the School’s behalf. Consistent with the COPPA Regulations, we rely on the School to provide appropriate consent and authorization for a student under 13 to use the Service and for Clever to collect personal information from each student. We use and process Student Data for the purpose of providing the educational services to the School and do not collect or retain Student Data for longer than is necessary to provide the Service. We provide the School the opportunity to review and delete the personal information collected from their students, and we work with Schools to provide parents the same level of access, upon request. Learn more

Clever is COPPA Safe Harbor Certified by iKeepSafe.

Section 508 and ADA Compliance, Web Content Accessibility Guidelines—United States

Clever’s student experience meets the Web Content Accessibility Guidelines (WCAG) 2.0 AA level of compliance, and we are committed to maintaining a high level of accessibility for Clever’s student portal as we release new features. The WCAG define requirements for designers and developers to improve accessibility for people with disabilities. Learn more.

California Student Online Personal Information Protection Act (SOPIPA)

Clever complies with SOPIPA, a California law that protects the privacy and security of Student Data. We do not use Student Data for targeted advertising purposes. We do not use collected information to amass a profile of a K–12 student except in furtherance of K–12 school purposes. We never sell Student Data unless the sale is part of a corporate transaction, such as a merger, acquisition, bankruptcy, or other sale of assets, in which case we make efforts to ensure the successor entity honors the privacy commitments made in this policy and/or we will notify you of such a sale and provide you an opportunity to opt out by deleting your account before the data transfer occurs. We will not sell students' personal information to third parties other than in the context of a business transaction. Learn more

Clever is California Student Privacy Certified by iKeepSafe.

California Assembly Bill 1584 (AB 1584)

Clever’s Additional Terms of Service for Schools and Privacy Policy and our Service are designed to comply with AB 1584. Pupil records obtained by Clever from a local educational agency (LEA) continue to be the property of and under the control of the LEA. Parents, legal guardians, or eligible pupils may review personally identifiable information in the pupil’s records and correct erroneous information by contacting their LEA directly, which shall in turn contact Clever for assistance if needed. In the event of an unauthorized disclosure of a pupil’s records, Clever will notify the LEA and will provide the LEA with a report to be shared with the affected parent(s), legal guardians(s), or eligible pupil(s). Pupil records will be deleted promptly after termination of our agreement with the School or upon request from the School.

Connecticut Conn. Gen. Stat. Ann. § 10-234aa-dd

Clever’s Connecticut Addendum to the Terms of Service, available upon request, is designed to comply with the requirements of the Connecticut Act Concerning Student Data Privacy, Conn. Gen. Stat. Ann. § 10-234aa-dd. If you are a School or District located in Connecticut, please contact your Clever customer success representative to incorporate the Connecticut Addendum into your agreement.

New York Education Law §2-d

Clever is committed to protecting the confidentiality, integrity and security of student, teacher and staff data, consistent with the provisions of New York Education Law §2-d. On January 13th, 2020 the New York State Board of Regents approved changes to the regulations in New York Education Law §2-d. The new regulations went into effect on January 29th, 2020 and New York State school districts have until October 1, 2020 to adopt and publish a data security and privacy policy in compliance with the new regulations. Clever's practices are in alignment with the finalized provisions of New York Education Law §2-d and Clever agrees to the Parent’s Bill of Rights. Clever has a data sharing agreement that covers most* districts in New York State through the Regional Information Centers (RICs). If a district would like or needs an individual agreement in place with Clever, please email legal@clever.com for Clever’s 2-d specific Data Sharing Agreement.

* The new data sharing agreement does not apply to the largest five districts in the state, private schools, and charter schools, many of which have entered into separate data sharing agreements with Clever. If you fall into one of these categories and do not already have an agreement with Clever, please reach out to legal@clever.com to get an individual data sharing agreement in place.

This page was last updated 10/07/2020.

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