Client Privacy Policy

Lexercise Client Privacy Policy

Last modified: June 25, 2021

Introduction

Mind InFormation, Inc. (“Company” or “We”) respect your privacy and the privacy of your child and we are committed to protecting both through our compliance with this policy. This policy describes the types of information we may collect or that you may provide about yourself or your child when you visit the website www.lexercise.com (our “Website”) or when you and your child use our integrated instructional platform for the identification and treatment of dyslexia and other similar learning difficulties (including the Website and all functionality, software, content and services made available thereon, the “Platform”). It also explains our practices for collecting, using, maintaining, protecting, and disclosing that information.

This policy applies to any information that we collect via the Platform, including any information in any submitted web forms, e-mails, posts, texts, video conference and other electronic messages between you and the Platform and any information about you or your child transferred to the Platform from other websites or mobile or desktop applications.

This policy DOES NOT apply to any information that we collect by any other means, including offline collection. Additionally, while Therapists are contractually bound under our Therapist Terms of Service to make reasonable efforts to maintain the confidentiality, security, and integrity of any Personal Information about you or your child that they obtain from us, Therapists have their own, separate privacy policies that apply to your relationship with them which may differ from the policies and practices noted here, and we encourage you to contact the responsible Therapist directly for more information. Excepted as noted above, we cannot and do not endeavor to enforce Therapists’ compliance with their own privacy policies.

This Privacy Policy applies to Clients who have registered with us to use the Platform directly (i.e., on a “direct to consumer” basis). To the extent that you or your student are accessing and using the Platform through an account paid for and managed by an organization (such as the child’s school) and you have not registered with us to use the Platform directly, then this Client Privacy Policy does not apply to you, and the applicable privacy policy is the Lexercise for Schools Privacy Policy (https://www.lexercise.com/about/legal/notice-privacy-practices-lexercise-schools). If you are an individual accessing and using our professional education materials through our website https://courses.lexercise.com, then this Client Privacy Policy does not apply to you, and the applicable privacy policy is the Professional Education Privacy Policy (https://www.lexercise.com/about/legal/professional-education-privacy-policy). If you are an individual (such as a teacher) accessing and using one of our screeners or a free trial version of the Platform for use in organizational settings, then this Client Privacy Policy does not apply to you, and the applicable privacy policy is as set forth in the Free Access and Use Agreement. If you are a Therapist, then this Client Privacy Policy does not apply to you, and the applicable privacy policy is the Therapist Privacy Policy (https://www.lexercise.com/about/legal/therapist-privacy-policy).

Please read this policy carefully to understand our policies and practices regarding your information and your child’s information and how we will treat both. If you do not agree with our policies and practices, you can choose not to use the Platform. By accessing or using our Platform, you agree to this privacy policy on behalf of yourself and on behalf of your minor child.

This policy may change from time to time (see the section below titled “Changes to Our Privacy Policy”). Your continued use of the Platform after we make changes is deemed to be your acceptance of those changes, so please check this policy periodically for updates.

Any defined terms not found in this privacy policy may be found in our Client Terms of Service, available at https://www.lexercise.com/about/legal/client-terms.

What Is Considered “Personal Information”?

Information we collect on our Platform falls into one of two categories:

Information by which you or your child may be personally identified, such as first and last name; home, physical, and billing address; e-mail address, username or “screen” name; telephone number, including a mobile telephone number; photograph, video or audio files that contain your image or voice or your child’s image or voice; a “persistent identifier” used to recognize a user over time, such as a customer number held in a cookie, an internet protocol (IP) address or unique device ID; payment information such as your credit card information; and any other information collected that is directly connected to one or more of the categories of information listed here.
Other information that is about you or your child but does not identify you or your child personally.

For the purposes of this privacy policy, information listed in the first category above is considered to be the “Personal Information” of you or your child.

Personal Information collected under this privacy policy falls into one of three categories: (1) information collected about the Guardian, (2) information collected about the Child User, and (3) information collected automatically as you access and use the Platform.

Information We Collect About You and How It Is Collected

As a Guardian, when you register with or use the Platform generally, you may provide directly to us:

The Personal Information and payment information that you provide at the time you register to use the Platform.
Information you provide when you request any additional services (such as customer service assistance) from us or when you report a problem with the Platform.
Records and copies of your correspondence (including e-mail addresses and phone numbers) if you contact us.
Your responses to surveys that we might ask you to complete (such as customer satisfaction surveys) for research purposes.
General background information about your household and family members.
Details of transactions you carry out through the Platform and of the fulfillment of any services you arrange for.

You provide this information directly to us by filling in and submitting online forms or by using and interacting with other tools provided to you via the Platform.

To pay for any service arrangements with Therapists through the Platform, you will be required to provide payment information, such as your credit card information. For more information about the steps we take to protect your payment information, see the section below titled “Use and Security of Your Payment Information.”

In connection with our ongoing review of client experiences, you may also be selected to provide feedback on your opinions and impressions of the effectiveness of the Platform, its Interactive Learning Features, and Therapist performance. You provide this information to us by voluntarily agreeing to participate in such surveys and filling in and submitting online forms.

If you do not want us to collect this information your choice is (1) not to provide such information in the applicable forms, or (2) not to register for the Platform or to not access or use the above-mentioned features of the Platform. Please note that by omitting such information or declining to access or use certain features of the Platform, you may be unable to access certain portions or features of the Platform or the effectiveness of any services you arrange for via the Platform may be significantly hindered.

Information We Collect About Your Child and How It Is Collected

When you register for the Platform, we may ask you to provide directly to us certain Personal Information about your child. You provide this information directly to us when you fax us, e-mail us, communicate with us over the phone, and by filling in and submitting online forms.

Prior to beginning any Sessions with a Therapist, we may ask you to provide directly to us (and also, ultimately, to your Therapist) certain background information as well as health and learning history regarding your child, including:

Certain Personal Information about your child, such as first and last name, home address, and your household’s telephone number(s).
Additional general information about your child, such as your child’s age and date of birth.
Information about your child’s health history and primary care physician.
Information about your child’s reading and language skills, development, schooling, and learning ability.
Information about your child’s previous work with reading or language instructors.

You likewise provide this information by filling in and submitting online forms.

Finally, as you and your child access, use and interact with the Platform’s video-conference teletherapy tools and as you and your child access, use and interact with the Platform’s other games, exercises, activities and other Interactive Learning Features, you and your child may provide directly to us and (where applicable) to your Therapist through interacting with such features:

Additional information about your child’s reading and language skills, development, and learning ability, as well as information about your child’s progress through the Platform’s exercises and activities.
Video and audio files that contain your child’s image or voice.

Prior to collecting any Personal Information from your child, we are required by law to obtain your “verifiable parental consent” to such information collection. We currently obtain your “verifiable parental consent” by requiring you to provide, prior to us collecting any information from your child, your credit card, debit card or other payment information in connection with transactions you will enter via the Platform, and/or by sending you a unique code to your e-mail address, that you have to enter to indicate your “verifiable parental consent” and by following that e-mail with a confirmation e-mail at a later time (to ensure that it was actually you providing consent).

We will not condition and are prohibited by law from conditioning, any child’s participation in an activity on the child disclosing more Personal Information than is reasonably necessary to participate in such activity.

If you do not want us to collect this information from or about your child your choice is (1) not to provide such information in the applicable forms, or (2) not to register for the Platform or to not access or use the above-mentioned features of the Platform. Please note that by omitting such information or declining to access or use certain features of the Platform, you may be unable to access certain portions or features of the Platform or the effectiveness of any services you arrange for via the Platform may be significantly hindered.

Automatic Information Collection

When you access, use and navigate through the Platform, the Platform may use certain technologies (described below) to collect automatically the following information:

Traffic Data / Usage Details

When you access and use the Platform, we may collect automatically certain details of your access to and use of the Platform, including traffic data, logs, and other communication data, your navigation paths through the Platform, the resources that you access and use on or through the Platform and the referring and exit pages.
Computer and Device Information

When you access and use the Platform, we may collect information about your computer or mobile device and your internet connection, including IP address, operating system, browser type, the mobile device’s unique device identifier, mobile network information, and the device’s telephone number.

If you do not want us to collect this information automatically your choice is to not access or use the Platform.

We use the following technologies for automatic information collection:

Cookies (or mobile cookies). A cookie is a small file placed on your computer or mobile device. It may be possible to refuse to accept cookies by activating the appropriate setting on your browser or mobile device. However, if you select this setting you may be unable to access certain parts or features of the Platform.
Web Beacons. Certain pages or portions of the Platform and our e-mails may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags and single-pixel gifs) that permit us, for example, to count users who have visited those pages or opened an e-mail and for other related usage statistics (for example, recording the popularity of certain content and verifying system and server integrity).
Embedded Code. Certain pages or portions of the Platform or embedded tools available on the Platform may use embedded hidden code to collect information about usage flows through the Platform and other similar usage statistics.
User Agent. When you log into our system we may collect the user agent information presented automatically by your web browser to all websites you visit. We use this information to help troubleshoot problems you may have with our service and to evaluate the popularity of certain technologies.
IP Address. When you log into our services, we store the internet address that you are logging in from. We use this information to detect fraud and to comply with region-based legal requirements.
Telephone number. When you call into our phone lines we may collect your phone number and caller ID information to properly route the call.

Online Tracking and How We Respond to “Do Not Track” Signals

We also may use these technologies to collect information about your activities and your child’s activities on the Platform over time and across other websites, social media platforms, apps and online services (behavioral tracking). We may use the information collected in this way:

to improve our delivery of and the functionality of the Platform; and
to aid you in tracking completion of exercises and tasks assigned to your child;
to assist in matching you with a therapist appropriate to your needs; and
to track how you learned about our services to aid our marketing efforts.

If your computer or mobile device sends a “Do Not Track” signal to the Platform, the Platform WILL NOT treat you differently from users who do not send such signals. Information about third party tracking activities and their response to “Do Not Track” signals is available below in the section titled “Third Party Collection, Use and Disclosure of Information.”

How We Use Information We Have Collected

We use information that we collect about you and your child, including any Personal Information, to:

Provide you with the Platform and its contents, our Instructional Materials, and our Interactive Learning Features and any other information, products or services that you request from us.
Transmit payment for any services you arrange using the Platform to the applicable Therapist or Therapists (see the section below titled “Data and Payment Security”).
Collect and provide to your selected Therapist or Therapists relevant background information about you, your child, and environmental factors that may affect your child’s learning abilities.
Provide you with teletherapy video-conference sessions with a Therapist or Therapists.
Provide you and your child with, and aid you and your child in tracking the progress of your child with respect to, assigned games, exercises and activities.
Fulfill any other purpose that we describe when you provide the information.
Fulfill any other purpose for which you provide it.
Carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collection.
Provide you with notices about your account status, your scheduled or upcoming teletherapy sessions and your payment transactions.
Notify you when updates to the Platform are available, and of changes to any products or services we offer or provide though it.

The traffic data, usage details, and “persistent identifiers” we collect help us to improve the Platform and to deliver a better and more personalized experience by enabling us to:

Estimate our audience size and usage patterns.
Learn to improve the “flow,” organization and user interface of the Platform.
Recognize you when you use the Platform and store information about your preferences, allowing us to customize the Platform according to your individual interests.
Speed up your searches.

We use the client feedback you provide in response to surveys you complete to improve the functionality of the Platform and ensure our expectations for quality service are being met by our own employees and by any Therapists you interact with via the Platform.

With your permission, we may also use your specific Lexercise success stories as advertising and promotional material to illustrate the efficacy of the Platform. We will contact you directly prior to using your information for this or any similar purpose, and no Personal Information about your child will be included in such advertising and promotional materials.

Use of Your Information for Advertising and Marketing

We may use your Personal Information to contact you with promotional information about our own products and services as offered to you via the Platform (e.g., a special reduced-price offer in connection with a specific promotion we are running). Currently, we do not otherwise use any of your information or your child’s information for advertising or marketing purposes. We do not currently run banner or pop-up ads on the Platform, permit direct or indirect e-mail marketing or solicitation or online behavioral advertising by third parties, sell or otherwise disclose your information or your child’s information to third party marketers or analytics companies.

Disclosure of Information We Have Collected

We may convert or combine your Personal Information or the Personal Information of your child into de-identified or aggregated data that does not disclose any of the Personal Information of any individual user. We may disclose any such de-identified or aggregated data without restriction.

In addition, we may disclose Personal Information that we collect or that you or your child provide:

To our subsidiaries and affiliates.
To contractors, service providers and other third parties we use to support our business and who (1) need to know such information to support our permitted uses of Personal Information in accordance with this privacy policy, and (2) are bound by contractual obligations to keep Personal Information confidential and use it only for the purposes for which we disclose it to them.
To a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution or other sale or transfer of some or all of the Company’s assets, whether as a going concern or as part of bankruptcy, liquidation or similar proceeding, in which Personal Information held by the Company about our Platform users is among the assets transferred.
To fulfill the purpose for which you provide it, including transmitting payment for any services you arrange through the Platform.
To the Therapist or Therapists you have specifically selected to work with through the Platform.
To your child’s teacher, tutor, family member, or other support individuals for the purpose of providing reports on your child’s progress in his or her instructional program via the Platform, if you direct us to share this information by signing up for this reporting service through your account.
For any other purpose disclosed by us when you provide the information.
For any other purpose with your consent.
To comply with any court order, law or legal process, including responding to any government or regulatory request.
To enforce our rights arising from any contracts entered into between you and us, including the Platform’s Client Terms of Service https://www.lexercise.com/about/legal/client-terms.
If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of the Company, the Platform’s users or others, including exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction.

Except as described below (“Interaction with Therapists”), the Platform is not designed to permit you or your child to disclose to any third parties or to make publicly available in any form (e.g., in a public forum or message board) any Personal Information about you or about the child.

Except as otherwise expressly provided in this privacy policy, the Personal Information that we collect from cookies or other tracking technologies that relate to your personal use of the Platform is not shared with third parties. Other information that we collect from such tracking technologies that is not tied to your Personal Information or your child’s Personal Information (e.g. traffic data used to estimate our audience size and usage patterns) may be shared with third parties.

Third-Party Collection, Use, and Disclosure of Information

Interaction with Therapists

When you arrange for services using the Platform, the information you provide by filling in forms in the Platform or otherwise (including some of your Personal Information, some of your Child’s Personal Information, and the other background information you have provided about your household and your child) will be transmitted directly to the Therapist with which you have made such arrangement. We — not the Therapist — are responsible for processing payments in connection with such arrangements, though the Therapist may have access to your credit card information if you provide it directly to them. Information about how we process payments is available below in the section titled “Data and Payment Security.”

The Therapist with which you have an arrangement will use the information you provide to prepare a course of instruction for your child, work with your child via teletherapy video-conference sessions, analyze your child’s progress in related activities and exercises, and otherwise fulfill your service request. We may also provide Therapists with tools that will enable them to track their work flow within the Platform. The information you provide in connection with your service requests may be included in these tools, including your Personal Information and your child’s Personal Information. Sessions you hold with your Therapist may be recorded using the video-conferencing recording function for the participants’ future reference, training and quality assurance purposes. Your Therapist may also, through the Platform, provide to your child’s teacher, tutor, family member, or other support individuals regular reports on your child’s progress in his or her instructional program via the Platform, if you direct us to share this information by signing up for this reporting service through your account. Your Therapist may also store and use the information gathered about you and your child, including Personal Information, for various purposes; except for their contractual obligation to make reasonable efforts to maintain the confidentiality, security, and integrity of any such information they obtain from us, such uses of your information or your child’s information are not within our control and you should contact the Therapist directly for more information.

You consent to our collection and use of your child’s Personal Information in accordance with this privacy policy does not necessarily also constitute your consent to our disclosure of such information to any Therapist, and you have the option not to permit such disclosure. You can consent to such disclosure of your child’s Personal Information by selecting a Therapist to work with your child via the Platform. You can choose to withhold such consent by simply not selecting any Therapist to work with via the Platform.

Whenever a Therapist terminates its account or formally discontinues its use of the Platform, such party is required by our Therapist Terms of Service to permanently delete any information they have collected from you that is stored on their computers or servers, including your Personal Information and your child’s Personal Information.

Information Collected by Third Parties Automatically; Uses and “Do Not Track”

When you use the Platform or its content, certain third parties may use automatic information collection technologies to collect information about you or your device. These third parties may include:

Your internet service provider;
Your mobile device manufacturer;
Your mobile service provider;

These third parties may use tracking technologies to collect information about you when you use the Platform. The information they collect may be associated with your Personal Information or they may collect information, including certain Personal Information, about your online activities over time and across different websites, apps and other online services websites. They may use this information to provide you with interest-based (behavioral) advertising or other targeted content outside of the Platform.

We do not control these third parties’ tracking technologies or how they may be used. We do not control whether or not such third parties’ websites respond to Do Not Track signals sent from your mobile device or web browser. If you have any questions about an advertisement or other targeted content, or if you would like to learn how third parties respond to Do Not Track signals, you should contact the responsible provider directly.

Except as specifically provided in this and the immediately preceding section (“Interaction with Therapists”) no third parties are permitted to collect any Personal Information via the Platform, and no third parties are permitted to conduct online tracking of your Personal Information or regarding your activities or your child’s activities over time and across other third party websites or on-line services via the Platform.

Social Media Sites and Widgets

You may be able to use social media widgets such as the Facebook “Share” button to share certain information posted on our Platform’s blog with third party websites, social media platforms or other individuals. These widgets will collect your IP address and identify which page you are visiting on the Platform, and make the information you share while using widget available to third parties. The information collected by such widgets is controlled by third party privacy policies. Depending on the privacy settings you have adopted on such third party websites or social media platforms, the use of such widgets may result in postings to public forums and message boards that are accessible widely across the Internet. Any information you include in connection with the use of such widgets is considered non-confidential and non-proprietary. You make such postings using any widgets at your own risk.

Your Choices About Our Collection, Use, and Disclosure of Information

You have certain choices regarding the Personal Information you and your child provide to us.

You can set your browser to refuse all or some browser cookies, or to alert you when cookies are being sent. To learn how you can manage your Flash cookie settings, visit the Flash player settings page on the Adobe website, accessible here. If you disable or refuse cookies, some parts of the Website may then be inaccessible or not function properly.

If you do not wish for us to notify you about special promotional offers related to the Platform or other products and services offered by us, you can opt-out by simply clicking on the “Unsubscribe” or “Updating your e-mail preferences,” link in the most recent e-mail you received from us and follow the prompts that appear or contacting us by telephone to be added to our do not call list. For the e-mail opt-out to function across time, you must have your browser set to accept browser cookies so the Platform can recognize you and your preferences. This opt out does not apply to information provided to you by e-mail as a result of a purchase made on the Platform (e.g., a transaction receipt), or as a result of a customer service request initiated by you.

We will only disclose your Personal Information and the Personal Information of your child to a Therapist if you register for the Platform and choose to work with the selected Therapist via the Platform. If you do not wish for us to disclose your Personal Information or the Personal Information of your child to any Therapist, your choice is to not register for the Platform or to not share Personal Information with the selected Therapist.

Accessing and Correcting Information We Have Collected

With respect to the Personal Information that we have collected or that you have provided about your child, you have the right to:

Request a description of the specific types or categories of Personal Information collected by us about your child.
Review and change any Personal Information collected by us about your child without unreasonable burden, so long as you are able to provide reasonable assurance to us that such request is being made by the parent or legal guardian of the child.
Refuse to permit our further use or further online collection of Personal Information about your child.
Direct us to delete any Personal Information we have collected about your child.

You may review, change, refuse our further use or collection of, or request the deletion of your Personal Information or the Personal Information of your child by calling us at 1-919-747-4557 or e-mailing us at info@lexercise.com.

As previously noted, we will not condition and are prohibited by law from conditioning, any child’s participation in an activity on the child disclosing more Personal Information than is reasonably necessary to participate in such activity. Nevertheless, given that our access to certain Personal Information is essential to the proper functioning of the Platform, we cannot delete certain Personal Information about you or about your child (including, but not limited to, such pieces of information as your credit card or other payment information or your child’s “screen” name) without also proceeding to delete your user account and terminating your access to the Platform. We will notify you at the time you request a deletion of Personal Information whether such deletion will result in our termination of your account.

We may refuse to accommodate a request to change collected information if we reasonably believe that the change would violate any law or legal requirement or cause the information to be incorrect.

Your California Privacy Rights

California Civil Code Section 1798.83 permits users of our Platform that are California residents to request certain information regarding our disclosure of Personal Information to third parties for their direct marketing purposes. To make such a request, please send an e-mail to info@lexercise.com. Please note that we do not currently make disclosures of Personal Information to third parties for direct marketing purposes.

Users Outside of the United States

The Platform is hosted in the United States and is provided from the United States. It is possible that certain information will be stored on servers in multiple other countries on the “cloud” or other similar distributed hosting platforms. If you are accessing the Platform from the European Union, Asia or any other region with laws governing personal data collection, use, and disclosure that differ from United States laws, you are expressly and knowingly consenting to the transfer of your Personal Information and your child’s Personal Information from your home country to the United States and other jurisdictions as indicated above, and to our use of such Personal Information in accordance with this privacy policy.

If you are accessing the Platform from anywhere outside of the United States, you are required to refer to our additional “International User Privacy Disclosure” https://www.lexercise.com/about/legal/privacy-international-users and to click “I AGREE” when the option is presented to you before you will be permitted to provide Personal Information to us via the Platform.

Data and Payment Security

We have implemented measures designed to secure your Personal Information and your child’s personal information from accidental loss and from unauthorized access, use, alteration and disclosure. All information that you provide to us is stored on our servers behind firewalls and certain Personal Information will be encrypted using secure socket layer (SSL) technology.

The safety and security of your information also depend on you. When we have given you or your child a password for access to certain parts of our Platform, you and your child are responsible for keeping this password confidential. We ask you and your child not to share your password with anyone.

Unfortunately, the transmission of information over the Internet is not completely secure. Although we have implemented security measures that we think are adequate, we cannot guarantee the security of your Personal Information transmitted to our Website. Any transmission of Personal Information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Website.

All payments processed via the Platform will be encrypted and transmitted securely using Secure Sockets Layer (SSL) technology. While transaction information and metadata related to such transactions will be stored in our servers in accordance with this Privacy Policy, no credit card information will be retained by the Platform.

Pursuant to our Therapist Terms of Service, if you share any of your Personal Information or your child’s Personal Information with a Therapist, then that Therapist is contractually bound to make reasonable efforts to maintain the confidentiality, security, and integrity of your Personal Information and your child’s Personal Information.

We will retain Personal Information which we collect or which you provide to us about your child for only as long as reasonably necessary to fulfill the purpose for which the information was collected, after which we will anonymize any such Personal Information.

Changes to Our Privacy Policy

We post any changes we make to our privacy policy on this page. If we make material changes to how we treat our users’ personal information, we will endeavor to notify you by e-mail to the primary e-mail address specified in your account or through a notice on our Website’s home page. The date the privacy policy was last revised is identified at the top of the page. You are responsible for ensuring we have an up-to-date active and deliverable e-mail address for you, and for periodically visiting our Website and this privacy policy to check for any changes.

Our Contact Information

To ask questions or comment about this privacy policy and our privacy practices, contact us through the Contact Us page – https://www.lexercise.com/contact-us.