Notice of Privacy Practices: Lexercise for Schools

Last modified: February 8, 2019

Introduction

We” are Mind InFormation, LLC, a Delaware limited liability company, and our contact information is located at the end of this Policy. This Policy describes the type of information we may collect or that may be provided when either a student (“Student”) or the parent or legal guardian of a Student (“Parent”) uses our Lexercise for Organizations integrated instructional platform (the “Platform”) via an account maintained with one of our school, school district or other organizational subscribers to Platform (an “Organization”), as well as our policies and practices for using, maintaining, protecting and disclosing that Student and Parent information.

Users who are accessing our Lexercise websites or our Lexercise platform as an individual, direct consumer of our services (and not via a Student’s account with an Organization) should review our Client Privacy Policy for the privacy policies and practices that apply to them.

This Policy applies to any information that we collect on the Platform, including any information in any submitted web forms, emails, posts, texts and other electronic messages between the user and the Platform and any information about the user transferred to the Platform from other websites or mobile or desktop applications. This Policy does not apply to any other information that we collect by any means.

What Is Considered “Personal Information”?

Information collected or provided to us through our Platform falls into one of two categories:

  • Information by which a user may be personally identified, such as first and last name; home, physical, or billing address; e-mail address, username or “screen” name; telephone number, including a mobile telephone number; 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; and any other information collected that is directly connected to one or more of the categories of information listed here.
  • Other information about a user that does not identify the user personally.

For the purposes of this Policy, only information listed in the first category above is considered to be the “Personal Information” of the user.

Information We Collect About Parents / Legal Guardians and How It Is Collected

We may collect the following information about Parents through the Platform:

  • The Parent’s first name and last name;
  • The Parent’s phone number and alternate phone number;
  • The Parent’s e-mail address;
  • The Parent’s username and password;
  • The Parent’s time zone;
  • The Organization the Parent’s Student attends;
  • The Parent’s contact status (e.g., what method of contact the Parent prefers from his or her Student’s teachers); and
  • The automatically-collected information described below in the section titled “Automatic Information Collection.”

Parents, Students, a Student’s teachers or other Organization officials provide this information directly to us by filling in and submitting online forms (e.g., when registering a Parent to use the Platform) or a Parent may provide this information directly to us when a Parent uses and interacts with the other tools and features provided to Parents via the Platform.

Information We Collect About Students and How It Is Collected

We may collect the following information about Students through the Platform:

  • The Student’s first name and last name;
  • The Student’s gender;
  • The Student’s age (birth month and year only);
  • The Student’s grade in school (if applicable);
  • The Organization that the Student attends;
  • The teachers with whom the Student is using our Platform;
  • The Student’s username and password;
  • The Student’s time zone;
  • The name and information of the Student’s Parent (to “link” the Parent with the Student’s account);
  • Information about the Student’s reading and language skills, development, schooling, and learning ability;
  • Records of the Student’s progress and activities on the Platform (e.g., completion of lesson plans, participation in instructional games and activities, etc.); and
  • The automatically-collected information described below in the section titled “Automatic Information Collection.”

Parents, Students, a Student’s teachers or other Organization officials provide this information directly to us by filling in and submitting online forms (e.g., when registering a Student to use the Platform) or a Student may provide this information directly to us when a Student uses and interacts with the other tools and features provided to Students via the Platform.

Automatic Information Collection

When a user accesses, uses and navigates through the Platform, the Platform may use certain technologies (described below) to collect automatically the following information:

  • Traffic Data / Usage Details. When a user accesses and uses the Platform, we may collect automatically certain details of the user’s access to and use of the Platform, including traffic data, logs, and other communication data, the user’s navigation paths through the Platform, the resources that the user accesses and uses on or through the Platform and the referring and exit pages.
  • Computer and Device Information. When a user accesses and uses the Platform, we may collect information about the user’s computer equipment or mobile device and internet connection, including IP address, operating system, browser type, the mobile device’s unique device identifier, mobile network information.

We use the following technologies for automatic information collection:

  • Cookies (or mobile cookies). A cookie is a small file placed on the user’s computer or mobile device. It may be possible to refuse to accept cookies by activating the appropriate setting on the user’s browser or mobile device. However, if the user selects this setting the user may be unable to access certain parts or features of the Platform.
  • Web Beacons. Certain pages or portions of the Platform 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 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 a user logs into our system we may collect the user agent information that is presented automatically by the user’s web browser to all websites. We use this information to help troubleshoot problems users may have with our service and to evaluate the popularity of certain technologies.
  • IP Address. When a user logs into our services, we store the internet address that the user is logging in from. We use this information to detect fraud and to comply with region-based legal requirements.

Parents and Students can set their browsers to refuse all or some browser cookies. If a user disables or refuses cookies, some parts of the Platform may then be inaccessible or not function properly.

How We Use Information We Have Collected

We use information that we collect about Parents and Students, including any Personal Information, to:

  • Provide the Organization and their respective teachers, Parents and Students with the Platform and its contents, our instructional materials, our interactive learning features and any other information or services that a user requests from us and that we agree to provide.
  • Provide to the Student’s teachers relevant background information about the Student and environmental factors that may affect the Student’s learning abilities.
  • Provide Students with, and aid Parents, Students, the Organization and their teachers in tracking the progress of the Student with respect to, assigned games, exercises and activities.
  • Facilitate communication and service arrangements between the Organization and the registered third party teletherapy partner (“Therapist”) such Organization has engaged to provide advice, technical assistance and other services regarding the Organization’s use of the Platform, as directed by (and at the request of) the Organization or its teachers.
  • Fulfill any other purpose that we describe when the user provides the information.
  • Fulfill any other purpose for which the user provides 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 users when using the Platform and store information about their individual preferences, allowing us to customize the Platform according to a user’s individual interests and needs.
  • Speed up a user’s searches.

Disclosure of Parents’ and Students’ Information

We may disclose Personal Information that we collect or that is provided to us:

  • To the Organization and the teachers thereof, with whom the Parents and Students choose to work through the Platform.
  • To the Student’s Parent or to the Parent’s Student.
  • To the Therapists engaged by the Organization, for the purposes described above, as directed by (and at the request of) the Organization or its teachers.
  • 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 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 our assets, whether as a going concern or as part of bankruptcy, liquidation or similar proceeding, in which Personal Information held by us about our Platform users is among the assets transferred.
  • To fulfill the purpose for which the user has provided it.
  • For any other purpose disclosed by us when the user provides the information.
  • For any other purpose with the user’s consent.
  • To comply with any court order, law or legal process, including responding to any government or regulatory request.
  • If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of our company, the Platform’s users or others.

The Platform is not designed to permit Parents or Students to disclose to any other third parties or to make publicly available in any form (e.g., in a public forum or message board) any Personal Information about themselves.

No Use or Disclosure of Personal Information for Marketing Purposes

We DO NOT use Parents’ or Students’ Personal Information collected by or provided to us through the Platform for our own or any third party’s marketing or advertising purposes. We also DO NOT sell or otherwise disclose such information to any third parties for such third parties’ use in marketing or advertising purposes.

Additional Uses and Disclosure of De-Identified / Aggregated Data

We may convert or combine information about Parents and Students into de-identified or aggregated data that does not disclose any of the Personal Information of any Parent or Student. We may use or disclose any such de-identified or aggregated data for any purpose permitted by our contract with the Organization responsible for the Student (e.g., the Student’s school). For example:

  • Generally our contracts with Organizations permit us to use such de-identified or aggregated data for research purposes, to improve the Platform and instructional materials, to improve the quality of our analytics, and to prepare aggregated statistical information used for demonstrating the effectiveness of the Platform.
  • Except as otherwise expressly provided in this Policy, the Personal Information that we collect from cookies or other tracking technologies that relate to a user’s 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 a user’s Personal Information (e.g. aggregated traffic data used to estimate our audience size and usage patterns) may be shared with third parties.

Tracking

Tracking involves the use of cookies, web beacons, or other embedded code or tracking technologies to collect, analyze and store information on a user’s behavior over time on multiple sites, including information on the sites visited, products viewed, products purchased and other online interactions. Tracking information can be used to enable companies to make interest-based (behavioral) advertising available to users on multiple sites that they visit.

On the Platform, we do not currently collect Personal Information about a user’s online activities over time and across third-party sites for tracking purposes, and we do not currently allow third parties to collect Personal Information that could be used by them to analyze and store information about the user’s online activities over time and across third-party sites for tracking purposes. Therefore, the Platform DOES NOT currently respond to any “Do Not Track” signals from a user’s computer or mobile device, and if a user’s computer or mobile device sends a “Do Not Track” signal to the Platform, the Platform WILL NOT treat that user differently from users who do not send such signals.

Accessing and Correcting Information

With respect to the Personal Information that we have collected or that has been provided to us, the Organization responsible for the Student (e.g., the Student’s school) has the right to:

  • Request a description of the specific types or categories of Personal Information collected by us about the Student’s Parent and/or the Student himself or herself.
  • Review and change any Personal Information collected by or provided to us about the Student’s Parent and/or the Student himself or herself.
  • Refuse to permit our further use or further online collection of Personal Information about the Student’s Parent and/or the Student himself or herself.
  • Direct us to delete any Personal Information we have collected about the Student’s Parent or the Student himself or herself.

Only appropriately-authorized officials of the Organization may review, change, refuse our further use or collection of, or request the deletion of the Personal Information of Parents or Students. Parents and Students should direct any such inquiries and requests directly to the teacher or other official of the Organization responsible for the Student (e.g., the Student’s school).

Given that our access to certain Personal Information is essential to the proper functioning of the Platform, we cannot delete certain Personal Information about a Parent or Student without also deleting the Parent’s or Student’s user account and terminating such individual’s access to the Platform. We will notify the Organization at the time it requests a deletion of Personal Information whether such deletion will result in our termination of an individual’s account. We may also 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.

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 a user accesses 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, the user is expressly and knowingly consenting to the transfer of the user’s Personal Information from the user’s home country to the United States and other jurisdictions as indicated above, and to our use of such Personal Information in accordance with this Policy.

Data Security and Data Retention

We have established and will maintain reasonable measures to protect the confidentiality, security and integrity of Personal Information collected pursuant to this Policy and to secure Personal Information from accidental loss and from unauthorized access, use, alteration and disclosure. For example, all information provided to us is stored on our servers behind firewalls and certain Personal Information will be encrypted using secure socket layer (SSL) technology. We will also take reasonable steps to disclose Personal Information only to service providers and other third parties who are capable of maintaining the confidentiality, security and integrity of such Personal Information, and who provide assurances that they will maintain the Personal Information in such a manner.

The safety and security of your information also depends on each user. When we have given a Parent or Student a password for access to certain parts of our Platform, the Parent or Student is responsible for keeping this password confidential. Users must not share their passwords 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 Personal Information transmitted to our Platform. Any transmission of Personal Information is at the user’s own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Platform.

We will retain Personal Information which we collect or which is provided to us about Parents and Students 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 Policy on this page. If we plan to make material changes to how we treat our users’ Personal Information, we will provide advance notice to the appropriately-authorized officials of the Organization responsible for the Student (e.g., the Student’s school) and allow the Organization certain choices before the Personal Information is used in any manner inconsistent with the terms under which it was initially provided. The date the Policy was last revised is identified at the top of the page.

Our Contact Information

The Platform is operated by Mind InFormation, LLC, a Delaware limited liability company with its headquarters in North Carolina. To ask questions or comment about this Policy and our privacy practices, contact us using the information at this link: https://www.lexercise.com/contact-us.