Effective Date: April 13, 2026

This Privacy Policy & Terms of Service discloses the privacy practices employed by New Buffalo Area School District (the “District”) in relation to the District’s use of Short Messaging Service (“SMS”) or other text message correspondence. The District is committed to protecting student and family (“Users”) privacy in all District-related SMS communications.

The District reserves the right to change this Privacy Policy at any time. Such changes, modifications, additions, or deletions shall be effective immediately upon notice thereof, which may be given by means including, but not limited to issuing an SMS or text message to a User’s phone number and posting the revised policy to the District’s website. Users continued use of the District’s SMS system after such modifications will constitute acknowledgment of the modified policy and their agreement to abide by and be bound by its terms.

      I.         SMS Terms and Conditions

By participating in the SMS messaging service provided by New Buffalo Area School District, User agrees to the following Terms and Conditions. These terms apply to all SMS communications sent by the District.

• SMS Messaging Service: By providing your phone number, Users consent to receive SMS text messages for appointment reminders, educational updates, and general two-way communication regarding student services and activities.

• Primary Communication: This service may be used as a primary method for instructors and staff to connect with students’ families.

• Initial Enrollment: To ensure effective educational support and safety, students’ parents or legal guardians are automatically enrolled in our messaging system using contact information on file.

• Message Frequency: Because this is a primary communication tool, Users will receive more than one message from us. While messaging frequency will vary, SMS correspondence is likely to be frequent and ongoing throughout the school year.

• Opt-Out Instructions: Users can opt out of receiving SMS messages at any time by replying “STOP” to any message the District sends. After a User opts out, they will receive one additional message confirming the request has been processed.

• Help/Support: Text the word “HELP” for support. Users may also contact us directly at nbastech@nbas.org.

• Costs: Message and data rates may apply based on User’s mobile carrier’s terms.

• Liability: The District and the mobile carriers are not liable for delayed or undelivered messages.

   II.         Privacy Policy & Data Protection

            To better communicate with District students and families via SMS and text message services, there is the potential for the District to obtain two types of data: Personally Identifiable Information and FERPA-protected information. Our primary goal is collecting such information is to ensure a smooth, efficient, and quick platform to connect and communicate with various District students and families.

• Personally Identifiable Information The District Collects: The District collects User phone numbers, records of consent, email addresses, and other basic directory information.

• Student Information: The District’s collection, use and storage of student information received through SMS communications will comply with the provisions of the Family Educational Rights and Privacy Act (“FERPA”) and all applicable student privacy laws. Educational records will not be disclosed through SMS communications unless permitted under FERPA or with the appropriate consents.

• How The District Collects Information: Data is collected directly from Users when Users contact us via SMS or automatically when Users interact with our digital systems. Depending on the correspondence, some of the information we ask Users to provide is identified as mandatory and some as voluntary. If Users do not provide the mandatory information, they will be unable to engage in SMS correspondence or utilize District messaging systems.

• How The District Uses Information: The District will use Users’ directory information to send the SMS messages that Users have opted to receive, provide educational updates, and operate school business.

• Disclosure of Information: The District will not sell, trade, or otherwise license information it collects to others, except for those third-party services providers necessary to operate the SMS program/platform and the efficient operation of the District. However, SMS messages sent to or from the District may constitute public records under Michigan’s Freedom of Information Act (“FOIA”) and may be subject to disclosure absent an applicable exemption. Additionally, the District may occasionally be required by law enforcement or judicial authority to provide Personally Identifiable Information to the appropriate governmental authorities. We will disclose Personally Identifiable Information upon receipt of a court order, subpoena, or to cooperate with a law enforcement investigation. We will fully cooperate with law enforcement agencies in identifying those who use of services for illegal activities. We reserve the right to report to law enforcement any activities the District, in good faith, believes to be unlawful.

• Protection of Information: The District ensures that Personally Identifiable Information is secure, consistent with current industry standards. Personally Identifiable Information is protected via several ways:

  • Dual Factor Authentication

  • Firewalls

  • HTTPS encryption

Unfortunately, no data transmission over any wireless network can be guaranteed to be 100% secure. As a result, while the District strives to protect all Personally Identifiable Information, User acknowledges that (1) there are security and privacy limitations with SMS correspondence which are beyond the District’s control; (2) the security, integrity and privacy of any and all information and data exchange between the District and Users through SMS communications cannot be guaranteed and (3) any such information and data could be viewed or tampered with in transit by a third party.

• No Marketing Sharing: The District will not share User’s personal information, phone number, or SMS consent opt-in data with third parties or affiliates for marketing, promotional, or other commercial purposes.

Contact Information.

If Users have any questions or suggestions regarding our privacy policy, please contact us at: techstaff@nbas.org and 269-469-6008.