ALLOWED USE OF COVERED INFORMATION.

This subchapter does not prohibit an operator from:

(1) using covered information:

(A) to improve educational products if that information is not associated with an identified student using the operator's website, online service, online application, or mobile application; and

(B) that is not associated with an identified student to demonstrate the effectiveness of the operator's products or services and to market the operator's services;

(2) sharing covered information that is not associated with an identified student for the development and improvement of educational websites, online services, online applications, or mobile applications;

(3) recommending to a student additional services or content relating to an educational, learning, or employment opportunity within a website, online service, online application, or mobile application if the recommendation is not determined by payment or other consideration from a third party;

(4) responding to a student's request for information or for feedback without the information or response being determined by payment or other consideration from a third party; or

(5) if the operator is a national assessment provider or a provider of a college and career counseling service, identifying for a student, with the express affirmative consent of the student or the student's parent, institutions of higher education or scholarship providers that are seeking students who meet specific criteria, regardless of whether the identified institution of higher education or scholarship provider provides consideration to the operator.