Hello! I'm concerned about some of the data processing policies that seem to allow Instructure to use/retain and sell customer data. Specifically, there are statements that seem to separate policies around Customer Personal Data from De-Identified Data. Here is an excerpt I think is relevant, which states that Instructure can keep/use the data even after the customer terminates the agreement and requests return/destruction of the data:
De-Identified Data: De-Identified Data may be used by the Instructure for those purposes allowed under Data Protection Law and the following purposes: (a) assisting the Customer or other governmental agencies in conducting research and other studies; and (b) research and development of the Instructure's educational sites, services, or applications, and to demonstrate or improve the effectiveness of the Services; and (c) for adaptive learning purpose and for customized student learning. Instructure's use of De-Identified Data shall survive termination of this DPA or any request by Customer to return or destroy Customer Personal Data. Instructure agrees (i) not to attempt to re-identify De-Identified Data, and (ii) not to transfer De-Identified Data to any party unless that party agrees in writing not to attempt re-identification.
The policy defines Customer Personal Data separately from De-Identified Data. The No Sale clause specifically applies to Customer Personal Data but does not include De-Identified Data:
No Sale. Instructure shall not Sell, or share for targeted advertising purposes, Customer Personal Data except as expressly instructed by Customer. Instructure shall not combine Customer Personal Data with other Personal Data except as permitted under Data Protection Laws. Instructure shall not collect, retain, use, or otherwise disclose Customer Personal Data outside of the direct business relationship with Customer, and shall only Process Customer Personal Data for limited and specified purposes consistent with this DPA and the Agreement.
Am I misunderstanding the policy? Thanks for any insights!
