U.S. K-12 Data Processing Agreement

This U.S. K-12 Data Processing Agreement (this “DPA”) is incorporated into and forms part of the Anthropic U.S K-12 Terms of Service or other agreement between Customer and Anthropic that references this DPA and governs Customer’s use of the Services (the “Agreement”), and applies to Anthropic’s processing of Customer Data (defined below). Capitalized terms used but not otherwise defined in this DPA will have the meaning set forth in the Agreement. Anthropic may amend this DPA from time to time on reasonable notice to Customer to the extent such changes are required due to changes in Applicable Data Protection Laws. If there is any conflict between the terms of this DPA and the Agreement, the conflicting terms in this DPA will govern.

A. Definitions

A.1. “Applicable Data Protection Laws” means all applicable privacy or data protection laws and regulations relating to the processing of personal information, as may be amended from time to time.

A.2. “Customer Personal Data” means personal information submitted through the Services by or for Customer or its users, students, or students’ parents/guardians.

A.3. “Customer Data” means all data or other information submitted through the Services by or for Customer.

A.4. “Individual Request” means a request from an individual, including students or students’ parents/guardians, to exercise their personal information-related rights under Applicable Data Protection Laws, such as rights to access, correct, or delete personal information.

A.5. “School Official” means a contractor to whom Customer may disclose personal information pursuant to the Family Educational Rights and Privacy Act (“FERPA”).

A.6. “Security Breach” means a breach of Anthropic’s security leading to the accidental or unlawful destruction, loss, alteration, unauthorized disclosure of, or unauthorized access to, Customer Personal Data.

A.7. “Student Data” means data, whether gathered by Provider or provided by the Customer or its users, students, or students’ parents/guardians, that is descriptive of the student including, but not limited to, information in the student’s educational records, discipline records, test results, grades, evaluations, and student identification numbers. Student Data may include “education records” subject to FERPA. Student Data does not include De-Identified Data.

A.8. “Subprocessor” means an entity engaged by Anthropic to process Customer Personal Data.

A.9. “De-Identified Data” means data that cannot reasonably be linked, directly or indirectly, to a particular person. Anthropic shall not attempt to re-identify De-Identified Data.

A.10. The terms “personal information”, “processing”, “controller”, and “processor” as used in this DPA have the meanings given by Applicable Data Protection Laws.

A.11. The terms “controller” and “processor” include “business”, and “service provider”, respectively, as required by Applicable Data Protection Laws.

B. Processing of Customer Data

B.1. With respect to Customer Personal Data, Customer is the controller and Anthropic is Customer’s processor. Each party will comply with its respective obligations under Applicable Data Protection Laws in connection with the Services and the Customer Personal Data. For the avoidance of doubt, Anthropic does not collect Customer Personal Data or Student Data directly from students under the Agreement.

B.2. Where Customer is subject to FERPA, with Student Data that contains personal information that is disclosed by Customer, Customer acknowledges Anthropic has a legitimate educational interest in such data in connection with the Services provided under the Agreement, and that Anthropic shall act as a School Official.

B.3. Unless required by applicable law to which Anthropic is subject, Anthropic will only process Customer Personal Data to provide or maintain the Services, and in compliance with Customer’s documented instructions (including as set out in the Agreement and this DPA), and where subject to FERPA, Customer acknowledges that Anthropic’s processing of Student Data that contains personal information is under Customer’s direct control. Where requested by the Customer, Anthropic will delete, or provide Customer with the tools to delete, Customer Personal Data or Student Data associated with the Customer’s account within a reasonable time period, and provide required notices to Customer, as permitted or required by applicable law.

B.4. Without limiting the foregoing, Anthropic will not:

B.4.a. “sell” or “share” Customer Personal Data or Student Data, as defined by Applicable Data Protection Laws;

B.4.b. retain, use, or disclose Customer Personal Data or Student Data outside of the direct business relationship and for any purpose other than for the business purposes specified in Schedule 1 or as otherwise permitted by Applicable Data Protection Laws; for the avoidance of doubt, and notwithstanding any other provision of the Agreement, Anthropic shall not use such data for targeted advertising, marketing, or to create a profile about a student except as directed by Customer and consistent with the specified business purposes; and

B.4.c. except as otherwise permitted by Applicable Data Protection Laws, combine Customer Personal Data with personal information that Anthropic receives from or on behalf of another person or persons, or collects from its own interaction with the data subject;

B.5. As required under Applicable Data Protection Laws, Anthropic will promptly inform Customer if it makes a determination that it can no longer comply with its processing obligations under this DPA, in which case Customer may take reasonable and appropriate steps in accordance with the Agreement to stop or remediate any unauthorized processing of Customer Personal Data.

B.6. Anthropic will promptly inform Customer if, in its opinion, an instruction from Customer relating to the processing of Customer Personal Data violates Applicable Data Protection Laws.

B.7. Anthropic will ensure that each person it authorizes to process Customer Personal Data or Student Data is subject to an appropriate duty of confidentiality.

C. Subprocessors

C.1. Anthropic will: (a) enter into a contractual agreement with each Subprocessor it engages imposing data protection obligations that are substantially as protective as Anthropic’s obligations under this DPA to the extent applicable to the nature of the services provided by Subprocessor; and (b) remain liable to Customer for each Subprocessors’ acts and omissions related to this DPA to the extent Anthropic is liable for its own, consistent with the limitation of liability provided in the Agreement.

C.2. Anthropic will provide Customer reasonable notice of a new Subprocessor Anthropic intends to engage prior to giving the Subprocessor access to Customer Personal Data. Customer may, on the basis of reasonable data privacy or data security concerns, object to Anthropic’s use of such Subprocessor by providing Anthropic with written notice of the objection within fifteen (15) days of the date of such notice, or Customer is deemed to consent to the new Subprocessor. In the event Customer objects to Anthropic’s use of a new Subprocessor, Customer and Anthropic will work together in good faith to find a mutually acceptable resolution to address any objection raised by Customer.

D. Individual Requests

D.1. Anthropic will forward to Customer promptly any Individual Request received by Anthropic relating to the Customer Personal Data or Student Data and may advise the requestor to submit their request directly to Customer.

D.2. Anthropic will, taking into account the nature of the processing, provide Customer with reasonable and timely assistance as necessary for Customer to respond to Individual Requests, including as required under Applicable Data Protection Laws. Anthropic will generally respond within forty-five (45) days of a Customer’s request, and will take reasonable steps to comply where Customer provides Anthropic with prior written notice of a different time period required under Applicable Data Protection Laws.

E. Security

E.1. Anthropic will comply with the data security obligations of Applicable Data Protection Laws, and will implement and maintain reasonable and appropriate technical and organizational data protection and security measures designed to ensure a level of security for the Customer Data (including the Customer Personal Data and Student Data) appropriate to the risk of the relevant processing, as summarized in Schedule 2. Anthropic may update these measures from time to time, provided that such updates do not materially reduce the overall security of the Services, and provide relevant notices as required under Applicable Data Protection Laws.

E.2. The parties agree that the measures set out in Schedule 2 provide an appropriate level of security for the Customer Data (including the Customer Personal Data), accounting for the risks presented by the processing outlined in the Agreement and this DPA.

F. Compliance and Audits

F.1. Anthropic is audited annually against known, established industry standards performed by external auditors. Upon Customer’s written request, and subject to the confidentiality obligations set forth in the Agreement, Anthropic will provide Customer with such audit reports or certificates applicable to the Services (e.g., SOC 2 report), to the extent available, or such other information reasonably necessary to demonstrate compliance with this DPA. Anthropic’s current certifications are available for Customer’s review at trust.anthropic.com.

F.2. Upon Customer’s written request, Anthropic will permit Customer, at Customer’s expense, to audit Anthropic’s applicable controls and compliance with this DPA (an “Audit”), provided such Audit is (a) conducted by Customer or a third-party auditor designated by Customer that has executed an appropriate confidentiality agreement with Anthropic, (b) Customer and Anthropic mutually agree on reasonable details of the Audit, including the start date, scope and duration of, and security and confidentiality controls applicable to such audit, and (c) a similar Audit has not already been conducted less than twelve (12) months prior, unless there are indications of non-compliance and/or it is required by a supervisory authority or other regulatory authority responsible for the enforcement of Applicable Data Protection Laws.

F.3. Customer will pay any reasonably incurred costs and expenses incurred by Anthropic in the event Customer performs an Audit that is not (a) required by Applicable Data Protection Laws or (b) in response to a Security Breach.

F.4. Customer may use the results of an Audit only for the purposes of meeting Customer’s regulatory audit requirements and/or confirming compliance with the requirements of the DPA.

G. Security Breaches

G.1. Anthropic will notify Customer in writing without undue delay, but in any event within 48 hours, after becoming aware of any Security Breach, and will assist Customer in complying with Customer’s obligations under Applicable Data Protection Laws by reasonably cooperating with Customer’s investigation of the Security Breach. Anthropic’s notification of, or response to, a Security Breach will not be construed as an acknowledgement by Anthropic of any fault or liability with respect to the Security Breach. In the event of a Security Breach impacting Student Data, Customer shall be responsible for notifying relevant individuals in accordance with Applicable Data Protection Laws, and Anthropic shall take reasonable steps to assist Customer in such notifications as requested.

G.2. Upon becoming aware of a Security Breach, Anthropic will (a) investigate the Security Breach, and (b) provide timely information relating to the nature of the Security Breach, such as, where reasonably possible, the categories and approximate number of data subjects concerned and the categories and approximate number of Customer Personal Data records concerned, the likely consequences of the Security Breach, and the measures taken or proposed to be taken by Anthropic to address the Security Breach, including, where appropriate, measures to mitigate its possible adverse effects.

H. Deletion and Return

H.1. Within thirty (30) days of the date of termination or expiration of the Agreement, Anthropic will:

H.1.a. if requested to do so by Customer within that period, return a copy of all Customer Data in its control or possession or provide a self-service functionality allowing Customer to do the same; and

H.1.b. delete all copies of Customer Data (including Customer Personal Data) processed by Anthropic or any Subprocessors, except to the extent (i) Applicable Data Protection Laws or other applicable legal or regulatory requirements requires storage of the Customer Data, (ii) retention of the Customer Data by Anthropic is necessary to resolve a dispute between the parties, or (iii) retention of the Customer Data is necessary to combat harmful use of the Services.

Schedule 1 – Details of Processing

A. Description of Processing

A.1. Categories of personal information: Determined by the Customer (in accordance with the Agreement). These categories may include: information contained in a student’s educational record; first and last name; email address; grades, evaluations, and test results; discipline records; special education data; student identifiers; and documents or text submitted by the Customer containing information that personally identifies a student.

A.2. Duration and Frequency of the processing: The processing is performed on a continuous basis for the duration of the Agreement and is determined by Customer’s configuration of the Services.

A.3. Nature and Purpose of the processing: Performing the Services on behalf of Customer which involves processing (including collection, storage, organization and structuring) of personal information as part of a natural language-based, machine-learning tool, as further described in the Agreement and as may be further agreed upon by Customer and Anthropic; verifying or maintaining the quality, security, and integrity of the Services; debugging to identify and repair errors that impair existing intended functionality.

A.4. Storage Limitation: The duration is the term of the Agreement.

A.5. Subprocessors (where applicable): May be used by Anthropic to assist in the provision of the Services.

Schedule 2 – Technical and Organizational Measures

Anthropic has implemented and will maintain technical and organizational measures designed in accordance with industry standard practices to protect the security, confidentiality, and integrity of the Customer Data, as set out below. Anthropic may review and update these measures from time to time, provided that any such update will not materially diminish the overall security of the Customer Data during the term of the Agreement. Additional information about Anthropic’s information security program can be found at https://trust.anthropic.com.

A. Security Program and Policies

A.1. Anthropic maintains organizational management and dedicated staff responsible for the development, implementation, and maintenance of Anthropic’s information security program, and a qualified security team of a size sufficient to ensure compliance with this DPA.

A.2. Anthropic’s operational procedures and controls define physical, technical, and administrative safeguards that provide for the configuration, monitoring and maintenance of technology and information systems that process Customer Data according to prescribed internal and adopted industry standards.

A.3. Anthropic’s change management procedures and tracking mechanisms are designed to test, approve, and monitor all changes to Anthropic’s technology and information assets that process Customer Data.

A.4. Anthropic’s business resiliency and continuity plan and procedures are tested annually and designed to maintain service availability and enable recovery from emergency situations or disasters.

A.5. Anthropic’s network security controls provide for appropriate network traffic filtering, segmentation of networks, and other event correlation procedures designed to protect systems from intrusion and limit the scope of any potential security compromise.

A.6. Anthropic maintains a robust suite of internal security policies that are communicated and distributed to all personnel, including policies covering:

• Information Security
• Personnel Security
• Asset Management
• Data Management
• Risk Management
• Access Control
• Secure Development
• Operational Security
• Physical Security
• Incident Response
• Business Continuity and Disaster Recovery
• Cryptography

B. Access Controls

B.1. All Anthropic personnel are assigned unique identifiers for interacting with systems managing Customer Data.

B.2. All default system credentials are changed by Anthropic prior to a system’s use in a production capacity.

B.3. Anthropic maintains a least privileged access approach to system access, using RBAC (Role Based Access Control), by restricting Anthropic personnel to only the system access needed to fulfill a specific job function or business needs.

B.4. All access to systems processing Customer Data are protected by Multi Factor Authentication (MFA).

B.5. SSO via Anthropic’s primary IDP is enforced for all systems with access to, or that store or maintain, Customer Data.

B.6. Anthropic utilizes Context Aware Access to prevent unauthorized devices from accessing sensitive information, including Customer Data.

B.7. Anthropic maintains strong password requirements including:

B.7.a. a minimum of 16 characters;

B.7.b. changing of initial passwords; and

B.7.c. the prevention of password re-use.

B.8. Anthropic prohibits the sharing or transmission of passwords through unsecured communication channels.

B.9. Anthropic reviews privileged access to systems managing Customer Data on a regular basis to ensure provisioned access remains appropriate to job functions or business needs.

B.10. All users with privileged access to Customer Data have all access revoked promptly following termination of employment.

C. Personnel Management

C.1. All personnel engaged by Anthropic are properly trained and obligated to comply with the requirements of Anthropic’s security program, including with respect to the confidentiality and security of the Customer Data.

C.2. Anthropic employees, at hire and regularly thereafter, complete relevant training regarding confidentiality and data security, including regarding obligations under applicable laws. Where appropriate, these trainings provide information regarding relevant threats and business requirements, including social-engineering attacks, sensitive data handling, causes of unintentional data exposure, and security incident identification and reporting.

C.3. As a part of pre-employment, all candidates complete a rigorous interview process, undergo background checks, and sign confidentiality agreements.

C.4. Upon termination, Anthropic removes personnel access authorization without undue delay and in accordance with standard industry practices.

D. Audits and Certifications

D.1. Anthropic defines audit and risk assessment procedures for the purposes of: (a) periodic review and assessment of risks to Anthropic’s organization, assets, and data, (b) monitoring and maintaining compliance with Anthropic’s policies and procedures, and (c) reporting the condition of its information security and compliance to internal senior management.

D.2. Anthropic’s information security program is assessed annually by independent third-party auditors and reports from such annual assessments are made available to Anthropic’s customers.

D.3. To request access to any of our reports and certifications, please go to https://trust.anthropic.com.

E. Encryption Standards

Anthropic utilizes industry standard encryption methods for protection of Customer Data, including a minimum of AES-256 for data at rest, and TLS1.2+ for data in transit over public networks.

F. Endpoint Protection

All Anthropic personnel workstations, and cloud endpoints (where applicable), are protected via EDR (endpoint detection and response) systems that include, but are not limited to: (a) anti-virus and anti-malware protections; (b) active real-time system monitoring; and (c) alerting to internal security teams.

G. Vulnerability Management

G.1. Anthropic’s vulnerability assessment, patch management, threat protection technologies, and scheduled monitoring procedures are designed to identify, assess, mitigate, and protect against identified security threats, viruses, and other malicious code. Anthropic utilizes a multi-faceted approach to vulnerability management, including: automated code vulnerability scanning; automated artifact vulnerability scanning; automated code review; manual peer code review; public vulnerability disclosure program; endpoint detection and response; automated log analysis; and manual log analysis.

G.2. Anthropic engages qualified external assessors for the completion of annual penetration testing of systems that process Customer Data to identify vulnerabilities and attack vectors that can be used to exploit those systems, and identified vulnerabilities are addressed as part of Anthropic’s vulnerability management program. Upon request, Anthropic will make available to Customer a summary of its most recent penetration testing report.

G.3. Anthropic applies updates to mitigate vulnerabilities based on risk level and in alignment with industry-accepted timelines.

H. Data Management

All Customer Data stored by Anthropic is logically separated such that no customer is able to access the data of any other customer without authorization. Customer Data associated with a specific customer is easily identifiable. Further, Anthropic maintains reasonable and appropriate network-level segmentation to separate environments processing Customer Data from the internet, from development and testing environments, and from office workspaces.

I. Logging and Monitoring

I.1. Anthropic’s incident management procedures are designed to allow Anthropic to investigate, respond to, mitigate, and notify of events related to Anthropic’s technology and information assets that process Customer Data. These incident response procedures are tested annually.

I.2. Anthropic maintains a centralized SIEM (security information and event management)/SOAR (security orchestration, automation, and response) tool.

I.3. Anthropic logs employee access and actions within Anthropic’s systems, inclusive of those storing or maintaining Customer Data.

I.4. System audit or event logging and related monitoring procedures are proactively configured to detect, prioritize, and escalate, as appropriate, suspicious activities for review.

I.5. Security-related logs are retained for appropriate timeframes to aid in the investigation of security incidents.

J. Third Party Vendors

Anthropic maintains a third-party information security risk management program, which includes the execution of periodic risk assessments to evaluate the security posture of Anthropic’s third-party vendors.