Heschel Day School: Uncovering Critical Legal Risks in Privacy Policy & Terms | Erayaha

When We Examined Heschel Day School’s Legal Framework: What’s at Stake?

Imagine a scenario where a privacy breach exposes student data—under CCPA, penalties can reach $7,500 per violation, and litigation costs often exceed $100,000 per incident. Our analysis of Heschel Day School’s Terms & Conditions reveals critical legal and logical gaps that could expose the organization to significant regulatory fines, reputational harm, and operational disruption. Here’s what our review uncovered and how targeted improvements can strengthen enforceability and compliance.

1. Ambiguous Data Sharing with Third Parties Heschel’s policy states that user data may be shared with “third party service providers working on Heschel’s behalf,” but lacks specificity regarding contractual safeguards, data processing limitations, or compliance with CCPA and GDPR. This ambiguity could result in unauthorized data use or cross-border transfers without adequate protection, exposing Heschel to regulatory action and potential class-action lawsuits.

Legal Analysis

high Risk

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Heschel may also collect non-share Personally Identifiable Information during use of its website in order to analyze how visitors use the site. Heschel does not track its users over time or acrosswith third party websites, and therefore does not respondservice providers only pursuant to Do Not Track (“DNT”) signals. However, some third party websites do keep track of users’ browsing history when they serve you content, which enables them to tailor what they present to you. Third partieswritten agreements that have content on Heschel’s website may set cookies on a user’s browser and/or obtain information about the fact that a web browser visited a specific Heschel website from a certain IP address, third parties cannot collect any other Personally Identifiable Information from Heschel’s website unless users provide itrequire such providers to them directly. Most web browsers allow the user to set the DNT signal so that third parties know that the user does not want to be tracked. Heschel will not store users’ credit card information after the completion of a sale. Storage and Use of Information Heschel keeps all informationprocess data solely for specified purposes, including any Personally Identifiable Information, that it collects from users confidential. Heschel stores Personally Identifiable Information on a secure server. Heschel may use information that it collects, including Personally Identifiable Information, in order to maintain and improve our servicesconfidentiality, develop new servicesimplement appropriate security measures, provide personalized services, measure performance and communicatecomply with our users. Heschel provides users the opportunity to opt out of any communications. Sharing Information Heschel does not provide users’ information to outside parties except in the following cases: With the User’s Consent Heschel does not provide third parties users’ information, all applicable privacy laws (including Personally Identifiable Information, without the user’s express permissionCCPA and GDPR). As such, HeschelCross-border transfers of personal data will not trade, sell, rent, lease, share, or otherwise provide access to its users’ information unless the user expressly consents to share such information. Further, Heschel will only share such informationoccur with third party service providers working on Heschel’s behalf. Heschel prohibits third parties from collecting Personally Identifiable Information over timeadequate safeguards and across different websites when a user uses this websitenotification.

Legal Explanation

The original clause lacks specificity regarding contractual safeguards, data processing limitations, and regulatory compliance, which are required under CCPA and GDPR. The revision introduces enforceable restrictions and legal obligations for third-party processors, reducing risk of unauthorized use or regulatory penalties.

2. Missing Data Breach Notification Protocol The policy does not specify procedures or timelines for notifying users or authorities in the event of a data breach. Under CCPA and California Civil Code §1798.82, failure to provide timely notice can result in statutory damages of $100–$750 per consumer per incident, plus regulatory penalties. Without a clear protocol, Heschel risks substantial financial exposure and reputational loss.

Legal Analysis

critical Risk

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Heschel keeps all information, includingwill notify affected users and relevant authorities within 72 hours of discovering any data breach involving Personally Identifiable Information, that it collects from users confidentialin accordance with CCPA and California Civil Code §1798. Heschel stores Personally Identifiable Information on a secure server82. The notification will include the nature of the breach, affected data categories, and steps taken to mitigate harm.

Legal Explanation

The original clause omits any data breach notification protocol, which is a legal requirement under CCPA and California law. The revision ensures compliance, reduces statutory damages, and demonstrates transparency.

3. Unclear Data Retention and Deletion Policies While the policy states that data is retained “only for as long as is necessary,” it fails to define specific retention periods or user rights regarding deletion. This lack of clarity can lead to non-compliance with GDPR’s data minimization and right-to-erasure requirements, risking fines up to €20 million or 4% of annual turnover.

Legal Analysis

high Risk

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The Company will retain Your Personal Data only for as long as is necessary forno longer than 24 months after the purposes set out in this Privacy Policy. We will retain and use Your Personal Data to the extent necessary to comply with our legal obligations (for examplelast user interaction, if we areunless a longer period is required to retain yourby law. Users may request deletion of their data to comply with applicable laws)at any time, resolve disputes, and enforce our legal agreements and policies. The Companysuch requests will also retain Usage Data for internal analysis purposes. Usage Data is generally retained for a shorter period of timebe honored within 30 days, except when this data is usedsubject to strengthen the security or to improve the functionality of Our Service, or We are legally obligated to retain this data for longer time periodslegal retention requirements.

Legal Explanation

The original clause is vague and does not specify retention periods or user rights. The revision aligns with GDPR’s data minimization and right-to-erasure requirements, reducing regulatory risk and enhancing user trust.

4. Overbroad Consent and Unilateral Policy Changes The policy deems user consent to all practices simply by using the website and reserves the right to change terms at any time without notice. Such clauses are often unenforceable and may be deemed unconscionable under consumer protection laws, increasing the risk of successful legal challenges and regulatory scrutiny.

Legal Analysis

medium Risk

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By using the Heschel website, a user is deemedUser consent to have consented to thedata practices described must be obtained through an affirmative opt-in this policymechanism. ... Heschel reserves the right to change, modify, or update this Policywill provide at any time and withoutleast 30 days’ advance notice. Any substantial of material changes in the way Heschel uses users’ personal information will be posted onto this sitepolicy via email or prominent website notice, and with an updated effective date reflectingcontinued use after such changesnotice constitutes acceptance.

Legal Explanation

The original clause relies on implied consent and allows unilateral changes without notice, which may be unenforceable and violate consumer protection laws. The revision ensures informed, affirmative consent and fair notice of policy changes.

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Conclusion: Proactive Legal Protection is Essential Our analysis demonstrates that even well-intentioned policies can harbor costly legal risks. Addressing these issues with precise language, robust compliance protocols, and transparent user rights is essential to avoid regulatory penalties and litigation.

How confident are you that your organization’s privacy practices would withstand regulatory scrutiny?
What would a major data breach cost your institution in fines, legal fees, and lost trust?
Are your terms and policies clear, enforceable, and up-to-date with evolving regulations?

**This analysis is for educational purposes only and does not constitute legal advice. For actual legal guidance, consult with a licensed attorney. This assessment is based on publicly available information and professional legal analysis. See erayaha.ai’s terms of service for liability limitations.**