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Data Processing Addendum

EMCE's standard data processing terms for educational institutions and other organizations.

S2N Ventures, LLC d/b/a EMCE
Data Processing Addendum for Institutions
Version 1.0 — Last Updated: September 23, 2026

This Data Processing Addendum (“Addendum”) sets out how S2N Ventures, LLC d/b/a EMCE (“EMCE”) processes personal information and education records on behalf of an educational institution, EMS agency, or other organization that uses the EMCE Service (the “Institution”). It is incorporated into and forms part of the EMCE Terms of Service and supplements the Institutional Education Data Terms in Section 4A of those Terms.

How this Addendum applies. EMCE makes the commitments in this Addendum as part of the Terms. This Addendum applies to every Institution whose students, faculty, or staff use the Service, from the Institution’s first use, whether or not the Institution has separately accepted or signed anything. No separate signature or separate acceptance of this Addendum is required; an authorized representative accepting the Terms on the Institution’s behalf confirms rather than creates that application. A student’s acceptance alone does not bind the Institution. For existing Institutions, the introduction of or changes to this Addendum are subject to the notice requirements in Section 15 of the Terms and applicable law.

An Institution that needs an executed copy may request a copy of EMCE’s standard Addendum at requests@emce.help. EMCE provides the Service on its published terms and does not negotiate customer-specific modifications (Terms, Section 1.4).

1. Definitions

Capitalized terms not defined here have the meanings given in the Terms.

  • “Education Data” means Customer Content and related personal information EMCE maintains on the Institution’s behalf about its students and their educational activities, including profiles, evaluations, scores, attendance, schedules, faculty notes, and associated AI inputs and outputs.
  • “Personal Information” means information that identifies or can reasonably be linked to an individual, including Education Data that identifies a student, faculty member, or preceptor.
  • “Applicable Law” means the privacy, education-records, and data-security laws that apply to the Institution’s records or to EMCE’s processing of them, including, where applicable, the Family Educational Rights and Privacy Act (“FERPA”), state student-privacy laws, and Canadian federal and provincial privacy laws.
  • “Subprocessor” means a third party engaged by EMCE to process Education Data in providing the Service.
  • “Security Incident” means a confirmed unauthorized access to, or acquisition, disclosure, or loss of, Education Data in EMCE’s possession or control.

2. Roles

  1. The Institution determines the educational purposes of the processing, the authorized users, and the permitted disclosures. EMCE processes Education Data only on the Institution’s behalf and under its instructions, as a service provider or processor where those classifications apply.
  2. Where FERPA applies and the Institution relies on the school-official exception, EMCE acts as an outsourced school official performing functions the Institution would otherwise perform through employees, is under the Institution’s direct control regarding the use and maintenance of education records, and is subject to the use and redisclosure limits in 34 C.F.R. § 99.33.
  3. The Institution is responsible for establishing the lawful basis for disclosure of records to EMCE, for its own notices to students and parents, and for confirming that its use of the Service is permitted by any agreement it holds with a partner school, district, or program whose students it teaches.

3. Instructions and Purpose Limitation

  1. EMCE processes Education Data only to provide, secure, support, and maintain the Service as requested by the Institution, under the Institution’s documented instructions, or as required by law. The Terms, the Institution’s settings in the Service, and this Addendum are the Institution’s documented instructions, and actions taken in the Service by the Institution’s authorized users within their roles, including exports, sharing links, integrations, and connected applications, are the Institution’s instructions to EMCE.
  2. EMCE will not sell Education Data, use it for targeted advertising, build unrelated commercial profiles of students, or use it to train or fine-tune general-purpose AI or machine-learning models.
  3. EMCE will not disclose Education Data except to Subprocessors under Section 6, as directed by the Institution through the Service (for example, exports, integrations, or a connected application the Institution authorizes), or as required by law. Where legally permitted, EMCE will notify the Institution of a compulsory legal demand so the Institution can respond.
  4. EMCE will notify the Institution if it believes an instruction violates Applicable Law and may suspend the affected processing while the issue is resolved.

4. Confidentiality

Personnel with access to Education Data are limited to those who need it to provide the authorized services, are subject to written confidentiality obligations, and receive security and privacy training. Access is granted on a least-privilege basis and reviewed periodically.

5. Security

EMCE maintains administrative, technical, and physical safeguards appropriate to Education Data, including encryption in transit and at rest, multi-factor authentication for administrative access, logging and monitoring, vulnerability management, and secure development practices. These safeguards are described in EMCE’s SOC 2 Type II report and Trust Center. EMCE will not materially reduce the overall level of protection during the term of the Institution’s use.

6. Subprocessors

  1. EMCE may engage Subprocessors to provide the Service. The current list, with each Subprocessor’s function and processing location, is published on EMCE’s Trust Center.
  2. EMCE binds each Subprocessor to written confidentiality, security, purpose, and redisclosure restrictions consistent with this Addendum and remains responsible for its performance.
  3. EMCE will post notice on the Trust Center at least 30 days before a new Subprocessor begins processing Education Data. An Institution that objects on reasonable data-protection grounds may stop using the affected feature or the Service and export its Education Data under Section 9.

7. Security Incidents

  1. EMCE will notify the Institution without undue delay, and in any event within 72 hours after confirming a Security Incident affecting the Institution’s Education Data, or sooner where Applicable Law requires.
  2. The notice will describe the nature of the incident, the categories of data and individuals affected as then known, the measures taken or proposed, and a contact for further information. EMCE will update the Institution as material facts develop.
  3. EMCE will cooperate with the Institution’s investigation, remediation, and legally required notices. Unless Applicable Law or the Institution requires otherwise, notices to affected students, parents, or regulators are made by the Institution.

8. Individual Rights and Institutional Oversight

  1. The Institution manages requests to inspect, amend, or delete education records. EMCE will refer requests it receives to the Institution and will assist within the time Applicable Law allows, using the export, correction, and deletion functions of the Service or, where those are insufficient, reasonable manual assistance.
  2. The Institution verifies EMCE’s compliance with this Addendum through EMCE’s SOC 2 Type II report, Trust Center documentation, and written responses to reasonable questions those materials do not answer. Where Applicable Law grants the Institution an audit right that these materials do not satisfy, EMCE will support a reasonable remote review, no more than once in any twelve-month period, at the Institution’s expense and subject to EMCE’s confidentiality requirements.

9. Return and Deletion

  1. The Institution may export its Education Data at any time using the Service’s export functions.
  2. On the Institution’s written instruction, or within 90 days after the end of the Institution’s use of the Service, EMCE will delete the Institution’s Education Data or de-identify it where legally permitted, except to the extent Applicable Law, a legal hold, or a pending records request requires retention. Where a state student-privacy law requires a shorter period, EMCE will follow it.
  3. Residual copies in backups expire through EMCE’s backup cycle, remain protected under this Addendum until they do, and are not used for any other purpose. EMCE will confirm deletion in writing on request.

10. Health Information

The Service is an education record system. The Institution will not enter, and will ensure its users do not enter, protected health information or other identifiable patient information into the Service, as set out in Section 4B of the Terms. EMCE is not a HIPAA business associate of the Institution, and this Addendum is not a business associate agreement.

11. Jurisdiction-Specific Terms

  1. United States. Where the Institution is subject to a state student-privacy law that requires specific contractual terms, the commitments in this Addendum are intended to satisfy them. If the Institution identifies a required term that this Addendum does not contain, it may notify EMCE under Section 1.4 of the Terms.
  2. Minnesota. For Institutions subject to Minn. Stat. § 13.32, EMCE will return or destroy education data within the period that statute requires after the contract ends, unless renewal is reasonably anticipated. For processing subject to Minn. Stat. ch. 325M, this Addendum constitutes the contract between controller and processor required by § 325M.13.
  3. Canada. For Institutions subject to PIPEDA or provincial public-sector or health-information privacy laws, EMCE processes Personal Information only for the purposes in Section 3, applies the safeguards in Section 5, and stores primary platform data for Canadian environments in Google Cloud’s Montréal region. Support, operations, and certain Subprocessors process information in the United States, as disclosed in the Privacy Policy and Trust Center; the Institution is responsible for any notice its law requires about processing outside Canada.

12. Term, Precedence, and Liability

  1. This Addendum applies for as long as EMCE holds Education Data of the Institution, and Section 9 survives its termination.
  2. This Addendum supplements the Terms. For matters of data processing it controls over the Terms to the extent of an express conflict; in all other respects the Terms govern, including their provisions on warranties, limitation of liability, indemnification, governing law, and changes.
  3. EMCE may update this Addendum as described in Section 15 of the Terms. Updates do not reduce the protections of Education Data without the Institution’s authorization.