The Department of Education – National Capital Region (DepEd NCR) and RightSize Education Technologies Inc. have forged a Memorandum of Understanding on SPLAT Technology, a suite of software applications that function as a Student Information System (SIS) and Learning Management System (LMS) collectively named as SPLAT (Supporting Parents, Learners, Administrators and Teachers). The program is asynchronous which aims to improve the learners’ performance by enhancing the awareness of parents and participation in the learning process.
The said program will run for two (2) school years beginning 2021-2022 until the completion of 2022-2023. The use of SPLAT SIS and LMS software and website to parents, learners, administrators, and teachers are free of charge. Attached is a copy of the Memorandum of Understanding, for reference.
Table of Contents
MEMORANDUM OF UNDERSTANDING
KNOW ALL MEN BY THESE PRESENTS:
This Memorandum of Agreement (“Agreement”) is made and entered into this 30*’ day of July, at Ortigas Center, Pasig City, Philippines by and between
RIGHTSIZE EDUCATION TECHNOLOGIES, INC., a corporation duly created and existing under and by virtue of the laws of the Republic of the Philippines, with office address at Suite 9D Strata 2000, Emerald Avenue, Ortigas Center, Pasig City, represented by its President, Christopher Hancock, through a Board Resolution dated August 3.2019, hereinafter referred to as “RIGHTSIZE;”
The DEPARTMENT OF EDUCATION – National Capital Region (DepEd NCR) an Agency of the national government of the Republic of the Philippines, created by virtue of Batas Pambansa (B.P.) No. 232 “The Education Act of 1982” as amended by Republic Act (R.A.) No. 9155 otherwise known as “Governance of Basic Education Act of 2001”, with principal office address at Misamis St., Bago Bantay, Quezon City, represented by its Regional Director, Wilfredo E. Cabral, herein referred to as “DEPED NCR”;
RIGHTSIZE and DEPED NCR are hereinafter collectively referred to as the “Parties.”
RIGHTSIZE is the developer and owner of a suite of software applications which function as a Student Information System (SIS) and Learning Management System (LMS) which are collectively named SPLAT (Supporting Parents, Learners Administrators and Teachers).
a. SPLAT SIS automates classroom functions including attendance and gradebook, increases parental communications and engagement, reduces administrative workload, and provides^ a real-time reporting platform for Department of Education (DepEd) schools, districts, divisions, and regions, and the central office.
b. SPLAT is available on web browsers connected to the Internet and on Android phones and iPhones with only periodic internet connections. SPLAT apps on gadgets provide an asynchronous SIS and LMS.
c. SPLAT has a Philippine version (SPLAT PH) with features developed specifically for DepEd r standards, practices and orders. SPLAT PH automates completion of DepEd school forms.
d. SPLATs LMS supports centralized content creation of Modules with security and approval features that determine visibility. Classes can have multiple modalities including paper.
e. SPLAT LMS is fully compliant with DepEd Order 31 series of 2020 (DO31). SPLAT includes formative and summative assessments with updated grades weight distribution for written works and performance tasks. SPLAT is designed to communicate the design and standards for grading the assessment including rubrics and criteria. It has mechanisms to monitor and record progress remotely and gives timely, constructive, and relevant feedback. It also incorporates features for remediation for learners who need further guidance, time to complete an assignment, or who suffer technical difficulties.
f. RightSize has worked to limit the “digital divide” by providing apps that run on older, slower gadgets and use very little “load” for weekly content distribution and uploading.
g. SPLAT includes behavior modules that recognize and reward positive behavior, document and track unexpected / disruptive behavior and escalate counseling requests.
h. SPLAT is fully compliant with RA 10173, the Data Privacy Act of 2012. All Personally Identifiable Information (Pll) and Sensitive Personal Information (SPI) is encrypted at all times. All data is stored exclusively within the Philippines. SPLAT is registered with the National Privacy Commission (NPC) and RightSize has a Data Privacy Officer (DPO).
DEPED NCR needs an SIS and LMS to streamline the operations of their schools. The software must comply with the requirements of RA 10173, the “Data Privacy Act of 2012.”
DEPED NCR has evaluated the software and has determined that it is an appropriate SIS for the conduct of classes, for classroom and school management, and division-wide reporting.
DEPED NCR has tested SPLAT LMS and has determined that it meets requirements for alternative learning modalities, is compliant with DO31, and will provide ongoing value for selfpaced teaming, night-schools, accelerated programs and ALS.
RIGHTSIZE warrants that it is in full compliance with the Data Privacy Act of 2012 and its IRRs and offers its outsourcing services as a Personal Information Processor (“PIP’).
RIGHTSIZE has offered and DEPED NCR has accepted the provision of SPLAT subject to the following terms and conditions:
IT IS AGREED:
RIGHTSIZE voluntarily agrees to provide the use of SPLAT SIS and LMS software, including the use of web sites, Android and iOS applications and the use of RIGHTSIZE servers to all parents/guardians, learners, DEPED NCR administrators and authorized DEPED NCR personnel free of charge.
SPLAT shall be provided to DEPED NCR without charge for a period of two (2 academic years beginning academic year 2021-2022 until the completion of the 2022-2023 academic year, subject to the provisions on pre-termination as the need arises.
The DEPED NCR may terminate this Agreement at any time and for any reason with SO t days written notice delivered to RIGHTSIZE.
In the event of termination under this Section or upon the expiration of the period of this MOU, RIGHTSIZE will remove DEPED NCR’s intellectual property and copyrighted material, such as textbooks and modules, even if they have been converted into another format, unless these materials are being used by other DepEd schools and provide all Learner data to their schools and then delete all Pll and SPI data.
COMPLIANCE WITH THE DATA PRIVACY ACT (“DPA”)
RIGHTSIZE warrants that SPLAT is compliant with the provisions of Republic Act No. 10173, otherwise known as the “Data Privacy Act of 2012.” RIGHTSIZE commits to promptly address any changes to the DPA or its IRRs upon publication of changes.
RIGHTS and OBLIGATIONS OF RIGHTSIZE
a. Retain full and complete ownership of all source code, concepts, designs, copyrights, trademarks and other intellectual property created in connection with this Agreement.
b. Host SPLAT on secure servers located inside the borders of the country for the benefit of the DEPED NCR for the period of this Agreement.
c. Provide a training platform for authorized DEPED NCR personnel to learn about SPLAT.
d. RIGHTSIZE warrants that it will not share, sell, or transfer Learner or Employee information with or to any other public or private person, organization, or entity or other personal information processor in the Philippines or any other country unless otherwise required by the laws of the Philippines or directed by the DEPED NCR.
e. Act as a Personal Information Processor (“PIP”) of data.
f. Provide electronic, route-able versions of certain administrative forms chosen by school heads, division and region offices.
g. Assist the School Heads as the Personal Information Controllers (“PIC”), by appropriate technical and organizational measures and to the extent possible to fulfill the obligation to respond to requests by data subjects relative to the exercise of their rights under the DPA and assist the PIC in ensuring and demonstrating compliance with the DPA and all other existing and applicable laws, rules, and regulations, taking into account the nature of processing and the information available to such PIC.
h. RIGHTSIZE will apply industry standard “best practices” to control security threats to its servers and data stored on these servers such as computer viruses, data breach, malware and spyware, but accepts no financial liability in the event that these “best practices” are breached, although this does not reduce RightSize’s requirement to disclose information relating to such an event to all affected parties.
RIGHTS and OBLIGATIONS OF DEPED NCR
a. To sign this document giving RIGHTSIZE the “Authority to Process Data” to process the DEPED NCR’s data.
b. Ensure that no sensitive personal information is incorrectly collected and/or processed in relation to DepEd Memorandum No. 002, Series of 2019 (Interagency Requests for Data that may Involve Sensitive Personal Information).
c. Provide policy guidance and directions to ensure the proper implementation.
d. Assist in the implementation and monitoring of the program.
e. Assign one person at each school to assist with support and roll outs questions and issues.
f. Retain full and complete copyright and ownership of DEPED NCR’s intellectual property such as training modules, which are stored in SPLAT even though their format may change.
g. Direct RIGHTSIZE regarding data retention so that PH and SPI are retained only for long as necessary for the fulfillment of the stated purpose.
a. The Parties enter into this MOU in a spirit of mutual trust and commit that every reasonable effort will be made to settle differences or disputes through open and honest dialogue and good-faith negotiation.
b. In case of failure to settle the dispute by mutual consultation, such dispute/s shall be submitted for arbitration by one arbitrator who shall be mutually selected by both Parties. The parties hereto agree as binding the decision of the Arbitrator. Each Party agrees that no legal action may be instituted unless arbitration has been waived by both parties.
c. This agreement shall be governed by the laws of the Philippines and all activities relating to dispute resolution shall be conducted in Metro Manila, Philippines.
a. Any amendment, modification, addition, supplement, and deletions shall be undertaken only upon the mutual consent and approval of the Parties;
b. Should any part of this Agreement be judicially declared null and void, such nullity shall not affect the validity of the remaining provisions hereof.
c. In the event that any party is unable to perform its obligations under the terms of this Agreement because of acts of God, equipment or transmission failure or damage that is reasonably beyond its control, or any other cause that is reasonably beyond its control, such party shall not be liable for damages to the other for any loss or damage resulting from such failure to perform or otherwise form such causes. Performance under this Agreement shall resume when the affected party is able to substantially perform its duties.