Therapist Privacy Policy

Therapist Privacy Policy

Last modified: June 10, 2021

Introduction

Mind InFormation, Inc. (“Company” or “We”) respect your privacy and are committed to protecting it through our compliance with this policy. This policy describes the types of information we may collect or that you may provide about yourself when you visit the website www.lexercise.com (our “Website”) or when you 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”). This policy also explains our practices for collecting, using, maintaining, protecting and disclosing your 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 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.

This Privacy Policy applies to Individual Therapists and other Therapy-Group Associated Individuals. If you are a Client who has registered with us to use the Platform directly (i.e., on a “direct to consumer” basis), then the applicable privacy policy is the Client Privacy Policy (https://www.lexercise.com/about/legal/client-privacy). If you are an individual accessing and using our professional education materials through our website https://courses.lexercise.com, then this Therapist Privacy Policy will apply to you only if access to and use of the Lexercise® Therapist Platform is provided to you in connection with the course materials being provided to you, and in any case the Professional Education Privacy Policy (https://www.lexercise.com/about/legal/professional-education-privacy-policy) will apply to you. 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 Therapist Privacy Policy does not apply to you, and the applicable privacy policy is as set forth in the Free Access and Use Agreement.

Please read this policy carefully to understand our policies and practices regarding your information and how we will treat it. 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.

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 Therapy Group Terms of Service and our Individual Therapist Terms of Use available at https://www.lexercise.com/about/legal/individual-therapist-terms-of-use.

Information We Collect About You and How We Collect It

We collect several types of information from and about Individual Therapists and Therapy-Group Associated Individuals who use our Platform, including information by which you may be personally identified, such as name, postal address, e-mail address and telephone number, video and audio files with your image and voice as transmitted during video-conference teletherapy sessions, and information required for forwarding payment to you for the services you provide via the Platform, including bank account and other financial information (“Personal Information”). The information we collect on or through our Platform may include information that you provide by registering to use our Platform, using our services, posting material, requesting further services or reporting a problem with our Platform. We will also retain records and copies of your correspondence (including e-mail addresses), if you contact us.

As you navigate through and interact with our Platform, we may automatically collect certain traffic data and usage information to help us manage our content and improve your use of the Website. This may include information about your equipment, your IP address and your browsing actions and patterns when you visit our Platform, including the referring and exit pages. The technologies we use for this automatic data collection may include cookies that are stored on your computer and small embedded electronic files known as web beacons (also referred to as clear gifs, pixel tags and single-pixel gifs) on the Platform that permit us to count users and obtain other related statistics (for example, recording the popularity of certain website content and verifying system and server integrity).

In connection with our on-going review of user experiences, you may also be randomly selected to provide feedback on your opinions and impressions of the effectiveness of the Platform, its Instructional Materials and its Interactive Learning Features. 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.

You also may provide information to be posted, published or displayed on certain public areas of the Platform, or transmitted to other users of the Platform or third parties (collectively, “User Contributions”). Your User Contributions are posted on and transmitted to others at your own risk. We cannot control the actions of other users of the Platform with whom you may choose to share your User Contributions. Therefore, we cannot and do not guarantee that your User Contributions will not be viewed by unauthorized persons.

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 the automatic information collection technologies noted above to collect information about your 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 scheduling Sessions and tracking completion of exercises and tasks assigned to your Clients.

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.

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 section 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 over time and across other third party websites or on-line services via the Platform.

How We Use Information We Have Collected

We use information that we collect about you, 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 have delivered using the Platform to you from the applicable Client.
  • Enable you to create a “profile” page with your information, including personal information, that actual and potential Clients may view.
  • Enable you to conduct teletherapy video-conference sessions with your Clients.
  • Provide you with tools to manage your Session schedules and track the progress of your Clients 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 transmission of payments to you.
  • Notify you when updates to the Platform are available, and of changes to any 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 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.

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.

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 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, or sell or otherwise disclose your information to third party marketers or analytics companies.

Disclosure of Information We Have Collected

We may convert or combine your Personal Information 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 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 to you for services you delivered via the Platform or posting your online “profile” for actual and potential Clients to see.
  • To the Clients you work with directly through the Platform.
  • 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 Therapy Group Terms of Service or Individual Therapist Terms of Use https://www.lexercise.com/about/legal/individual-therapist-terms-of-use.
  • 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 otherwise expressly provided in this privacy policy, the Personal Information that we collect from cookies or other tracking technologies that relate to your 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 (e.g. traffic data used to estimate our audience size and usage patterns) may be shared with third parties.

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 in connection with the use of such 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 at your own risk.

Your Choices About Our Collection, Use and Disclosure of Information

You have certain choices regarding the Personal Information you 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 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 by 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 transactions you carry out on the Platform (e.g., a transaction receipt), or as a result of a customer service request initiated by you.

Accessing and Correcting Information We Have Collected

You may review, change, refuse our further use or collection of, or request the deletion of your Personal Information by calling us at 1-888-603-1788 or e-mailing us at info@lexercise.com.

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 (including, but not limited to, such pieces of information as payment information) 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 contact us through the Contact Us page. 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 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 do not agree to the transfer of your information to the United States or to the terms of this privacy policy, do not click “AGREE” when the option is presented to you in our international-user privacy disclosure, and do not choose to register for, access or use the Platform.

Data and Payment Security

We have implemented measures designed to secure your 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 depends on you. When we have given you a password for access to certain parts of our Platform, you are responsible for keeping this password confidential. We ask you 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 Platform. 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 Platform.

All payments processed via the Platform will be encrypted and transmitted securely using Secure Sockets Layer (SSL) technology.

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.